The Corner

The Judiciary Committee

In seeking to ensure a Judiciary Committee that is more friendly to President Bush’s nominees, I would argue conservatives should pay attention to the party balance on the committee.A 55-44 Senate majority is ample justification for shifting the committee balance from 10-9 to 11-8. If there is a contested nomination, this change could be more important than having a different Chairman. If Senator Specter were to vote against a nominee, that nominee would fail in committee no matter who is Chairman. Yet if the committee were 11-8, such a defection would not stop committee approval of a contested nominee.

Jonathan H. Adler is the Johan Verheij Memorial Professor of Law at Case Western Reserve University School of Law. His books include Business and the Roberts Court and Marijuana Federalism: Uncle Sam and Mary Jane.
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