Frist sometimes speaks of the current judicial impasse in terms that take the Fortas case's complexities into account. "Never before in the history of the Senate has a nominee with clear majority support been denied an up or down vote on the Senate floor because of a filibuster," Frist said Tuesday. Such language puts him on more solid historical footing. The New York Times wrote of the 45 to 43 cloture roll call: "Because of the unusual crosscurrents underlying today's vote, it was difficult to determine whether the pro-Fortas supporters would have been able to muster the same majority in a direct confirmation vote."
All I can say is 'wow'. Though I understand it, the whole concept does lend itself well to Dem spin.