Friday, May 20, 2011

A Deal to End Judicial Filibusters

Over at the Volokh Conspiracy, Jonathan Adler advocates for a deal to end judicial filibusters far enough into the future so that it would be difficult for either political party to determine which side would initially benefit when the rule was first put into place.

I think this is a good idea, but I share Adler's view that we are unlikely to get any deal of this sort in the immediate future. Our politics has degenerated into a partisan mess and it is rather natural that judicial nominations, like the rest of our political system, would tend towards being dysfunctional and with no end to the problem in sight.

I will say this. In the absence of such a deal, I believe that both sides should continue to use the filibuster vigorously rather than either side engaging in unilateral surrender.

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