ConfirmThem

By Irishlaw Comments () / Email this page » / Leave a comment »

I'm with Lorie on the "extraordinary circumstances" language -- the "discretion" thus far exercised by the filibustering senators hasn't inspired much confidence at all. But I wanted to highlight Dave's comment here, which offers good analysis: taking the three nominees now apparently not considered too extraordinary (Pryor, Owen, Brown), anyone else in their mold should also not be considered too extraordinary -- and if any such future nominees are filibustered, the rule change can then be exercised.

I'm not thrilled about this compromise but these three nominees are among the strongest. The fight isn't over (especially as we head into the summer with high court possibilities) but in the meantime, I will especially look forward to reading Judge Brown's opinions. (I recently had occasion to reread her dissent in Catholic Charities v. Superior Court -- sharp language, great analysis. Recommended reading.)