The Spectacle Blog

The Filibuster: Missing the Point

By on 11.22.13 | 10:07AM

Count me as one who is happy to see the filibuster gone. With so much bad law around, I think it's more important to be able to undo laws, and the filibuster was a barrier to reversability. But the conservatives who mourn the passing of the filibuster have missed the deeper meaning of what happened yeseterday. It wasn't the filibuster that should trouble them: the real problem was court-packing. The DC Circuit had no need for more judges, but will get them anyway. In the future, expect both sides to try to get the judicial rulings they want from Circuit and District courts through the same means that FDR sought to employ in 1937. 

In explaining a country's prosperity, few things are more important than its adherence to the rule of law. What that requires is a wall between that which is political and that which is judicial. That wall was severely breached yesterday.

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