Posted by Orin Kerr:
Merits of the Filibuster?:
http://volokh.com/archives/archive_2005_05_08-2005_05_14.shtml#1115836752
If you read the commentary these days about filibustering judicial
nominees, you have to conclude either that a) filibustering is
essential to the Rule of Law, b) filibustering will destroy the Rule
of Law, or c) arguments (a) and (b) are just the arguments du jour of
those who either like or dislike Bush's nominees and need to fill up
op-ed space.
I'm wondering, has anyone written anything good about the structural
and systematic effect of filibustering judicial nominees? Putting
aside the question of this president and these nominees, it seems to
me that having a de facto 60-vote requirement for confirming appellate
judges is an interesting idea. I don't know how it would work or what
the scope of it would be, but I'd be interested in reading something
thoughtful about its pros and cons. If anyone knows of such a
discussion, please provide a citation to it (with the URL or a link if
it's online) in the comment section.
_______________________________________________
Volokh mailing list
[email protected]
http://highsorcery.com/cgi-bin/mailman/listinfo/volokh
