Breaking Judicial Norms: A History


Senate Minority Leader Chuck Schumer is widely reported to have told his Democratic colleagues on Saturday that “nothing is off the table for next year” if Republicans confirm a Supreme Court nominee in this Congress. He means this as a threat that Democrats will break the filibuster and pack the Court with more Justices in 2021 if they take control of the Senate in November’s election.

So what else is new? Democrats have a long history of breaking procedural norms on judges. While packing the Court would be their most radical…



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