The Magazine

Break the Filibuster

From the May 9, 2005 issue: Democrats are looking to the Constitution to preserve the judicial filibuster; the Constitution isn't on their side.

May 9, 2005, Vol. 10, No. 32 • By WILLIAM KRISTOL
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They are right. History and the Constitution are on their side, and on majority leader Bill Frist's side. When the Senate returns from its recess, the majority leader should move to enact a rule change that will break the Democratic filibuster on judicial nominees, confident in doing so that he is acting--the claims of Senator Durbin and the Financial Times to the contrary notwithstanding--in accord with historical precedent and constitutional principle.

--William Kristol