« Ind. Law - Impact of same-sex ban in Michigan constitution | Main | Ind. Gov't. - Interesting update on status of former Marble Hill nuclear power plant »

Friday, March 18, 2005

Law - History buffs may enjoy story today on filibuster precedent

"Filibuster Precedent? Democrats Point to '68 and Fortas: But GOP Senators Cite Differences in Current Effort to Bar Votes on Judges" is the headline to this story today in the Washington Post. Some quotes:

Judiciary Committee Chairman Arlen Specter (R-Pa.) told his panel this month that the judicial battles have escalated, "with the filibuster being employed for the first time in the history of the Republic." Sen. Orrin G. Hatch (R-Utah) said in a Senate speech last week, "The crisis created by the unprecedented use of filibusters to defeat judicial nominations must be solved."

Such claims, however, are at odds with the record of the successful 1968 GOP-led filibuster against President Lyndon B. Johnson's nomination of Abe Fortas to be chief justice of the United States. "Fortas Debate Opens with a Filibuster," a Page One Washington Post story declared on Sept. 26, 1968. It said, "A full-dress Republican-led filibuster broke out in the Senate yesterday against a motion to call up the nomination of Justice Abe Fortas for Chief Justice."

A New York Times story that day said Fortas's opponents "began a historic filibuster today." As the debate dragged on for four days, news accounts consistently described it as a full-blown filibuster intended to prevent Fortas's confirmation from reaching the floor, where a simple-majority vote would have decided the question. The required number of votes to halt a filibuster then was 67; filibusters can be halted now by 60 of the Senate's 100 members.

Posted by Marcia Oddi on March 18, 2005 11:14 AM
Posted to General Law Related