In a 1993 dissenting opinion, Justice Antonin Scalia compared one of the Supreme Court’s made-up legal doctrines to a “ghoul in a late night horror movie that repeatedly sits up in its grave and shuffles abroad” no matter what is done to kill it. Beware: Entering the presidential election season means that ghouls will start shuffling their way through the judicial confirmation process.

One of those is the so-called “Thurmond Rule.” It is cited by those who want to restrict, or even cut off, confirmation of judicial nominees in a presidential election year.

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