The Corner

Nro Ends Judicial Filibuster?

According to this story in <a

href=””>The Hill, some

Republicans in the Senate are now considering the proposal I made back in

April on NRO in <a href="

barnett042903.asp”>Benching Bork: How to End the War Over Judges:

Conservative activists have for some time now juggled the idea of

using recess appointments to circumvent adamant Democratic opposition.

However, the idea appears to have gained momentum among lawmakers in the wake

of numerous failed attempts to hold an up-or-down vote on several of the

president’s most qualified nominees. “This is something I’ve been pushing

for,” said Jon Kyl (Ariz.), chairman of the Republican Policy Committee,

speaking of the recess option.

An alternative to appointing nominees such as Pickering, Bush could

appoint ultra-conservative alternates to fill vacancies on the bench. Such

substitutes might make the blocked nominees seem less controversial by


“You could also fill the positions with interim appointments who could step

aside [when blocked nominees clear the Senate.]” said Kyl, adding that the

president could make a very good case for that option.

It would be

quite interesting if the influence of NRO eventually contributed to the end of

what Larry Solum has aptly named the “downward spiral” over judicial



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