Filibuster Foiled Fortas

With the GOP readying the "nuclear option" on the debate over judicial nominees, some Republicans have claimed that it is "unprecedented" to filibuster a judicial nominee. Aside from the fact that blocking a nominee is blocking a nominee, however it's accomplished (by, say, locking up Clinton's nominees in committed, preventing the all-popular up or down vote), the GOP's claim just isn't true. In 1968, the GOP filibustered the nomination of Abe Fortas for Chief Justice, mainly out of a desire to keep lame-duck LBJ from making the appointment. Orin Hatch is running around claiming that Fortas's situation didn't involve a filibuster, but over at Findlaw John Dean blows that argument out of the water.

Ironically, the most principled person on the filibuster issue in 1968 appeared to be GOP presidential candidate Richard Nixon, who went on record as being against the filibuster regardless of the issue. Who'd of thunk it?