Posted on 02/17/2005 7:27:04 AM PST by Kitten Festival
Ten of President Bush’s judicial nominees were filibustered by a Democratic minority in the U.S. Senate, during his first term. It’s likely that there will be similar efforts in his second term, probably extending to filibusters of Supreme Court nominees.
This use of the filibuster has prompted much legal and historical analysis and debate, because never before in history had any judicial nominee been derailed, notwithstanding clear majority support for the nominee in the Senate. For example, Abe Fortas mustered only 45 votes when Senators attempted to end the filibuster of his nomination in 1968, and therefore President Johnson immediately withdrew his nomination. Fortas publicly acknowledged in his withdrawal letter that he could have ultimately outlasted the filibuster and obtained an up-or-down vote, whereas today’s filibusterers proudly declare that the nominees will never receive any up-or-down vote.
(Excerpt) Read more at americanthinker.com ...
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