A judge-fight insider tells me:
Ok. Schumer is complaining about the judges that were left over after the Clinton administration — the nanny nanny boo boo argument. There were something like 40 or so judges left at the end of that Administration. Pretty typical stuff. After Bush, there were about 60 judges left.
What chaps my hide about that is that Leahy and Hatch had a deal — there were some folks who had problems that popped up on their FBI reports. So rather than embarrass the nominees, the nominations were quietly scuttled. Now, Leahy et al are beating Hatch up about it and Hatch is too much of a gentleman to rat on the deal.
But it still stands. If a filibuster on nominees is unconstitutional, it is unconstitutional. It is immaterial if 168 judges have gotten through — if 4 are being filibustered, that is 4 too many. It is the principle of the thing.





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