John: Pardon me, but I donโt follow your point on the post below. An initial aside: I donโt know that I qualify as a โhaterโ of the Gang of 14 agreement because any assessment of it requires an answer to the question, โCompared to what?โ If indeed it was true that the Senate would have achieved cloture reform but for the agreement, then I think that the agreement was very bad. But Iโve always been a skeptic that the votes would really have been there. The best argument against cloture reform is that it would deprive Republicans of the use of the filibuster when they encountered objectionable nominees of a Democratic president. I find that argument very unpersuasive because I donโt believe that Republicans would ever actually use the filibuster. But on your point I simply donโt see how the existence of a Democratic majority in the Senate provides any argument at all against the desirability of cloture reform. Democrats wonโt have to resort to the filibuster as frequently, but when they do they will be better positioned to make it stick. So, yes, I now wish all the more that the judicial filibuster had been abolished.
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About the Author
Ed Whelan holds the Antonin Scalia Chair in Constitutional Studies at the Ethics and Public Policy Center and is a regular contributor to National Reviewโs Bench Memos blog.
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