The Corner

Re: McCain, Filibusters & Gang of 14

One of the arguments in defense of the Gang of 14 deal made by the Whites, and McCain himself, is that the deal preserved the filibuster for judicial appointments.  This is a terrible argument.  When Senate Democrats began to obstruct judicial nominees with a filibuster, Senate Republicans and many conservatives argued (correctly in my view) that judicial nominees should receive an up or down vote on the floor of the Senate, and that the filibuster of judicial nominations is unprecedented, unwise, and extra-constitutional. McCain’s defense of the Gang of 14 undercuts this position.

Jonathan H. Adler — Mr. Adler is an NRO contributing editor and the inaugural Johan Verheij Memorial Professor of Law at Case Western Reserve University School of Law. His latest book is Marijuana Federalism: Uncle Sam and Mary Jane.

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