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The Schumer Rule


I don’t think that it will be relevant, as Chief Justice Roberts’s seizure thankfully doesn’t seem serious, but I wonder if LB is right to worry that the Senate would have trouble stalling his appointment would be problematic. Schumer has announced, I think, that they won’t confirm another SC justice under Bush, and I have no doubt that this would hold even if Ginsburg or Stevens retired tomorrow — when you control the judiciary committee there are a lot of ways to bottle up appointments. Replacing a conservative justice, however, would make the political dynamic a lot trickier. I would hope that they would wait it out, but who knows.

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