ConfirmThem

By AndrewHyman Posted in SCOTUS — Comments () / Email this page » / Leave a comment »

Tod Lindberg writes in the Washington Times:

Judges Owen, Brown, Pryor and any and all others that go through hereafter under the terms of the deal would seem to be very much "supremable" in the event of a high court vacancy. Once they have made it through the appellate round, it would be difficult to tag them with the "extraordinary" label. The effort to block by filibuster someone whom you had previously agreed should not be blocked by filibuster would be very risky politically, especially with the stakes as high as they are for Supreme Court nominations. Doing so might even, when push came to shove as a Supreme Courtvacancy dragged on, legitimate the Republican's use of a "surgical" nuclear option described not as doing away with the filibuster for judicial nominees in general but as ending an illegitimate filibuster of this Supreme Court nominee in particular.

The idea of a "surgical" nuclear option is interesting. This might be the way to go with someone like Myers, who is completely qualified for the Ninth Circuit, and who has already been approved by the Judiciary Committee.

BY THE WAY: A vote on Thomas Griffith for the DC Circuit will be at 10 AM today. My guess: 75 to 25.