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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 sees this as a threat that Democrats will break the filibuster and pack the court with more judges in 2021 if they take control of the Senate in the November election.

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


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