When Is a Filibuster Not A Filibuster?

By Keith Perine | May 3, 2009 10:31 AM | | Comments (0)

Senate Judiciary Chairman Patrick J. Leahy declared on ABC's "This Week" that the Senate is not in the habit of filibustering Supreme Court nominees.

"It takes 51 votes to confirm" a nominee, Leahy said Sunday.

Leahy doesn't count the Democratic attempt to filibuster Samuel A. Alito Jr.'s nomination in 2006. Democrats, led by John Kerry of Massachusetts, forced a procedural vote to limit debate on the Alito nomination. The Senate voted 72-25 to limit debate, with 19 Democrats joining 53 Republicans to thwart the filibuster.

Leahy voted against limiting debate, and thus in favor of the filibuster. Expect Republicans to invoke that filibuster attempt frequently in the weeks ahead.

Leahy today dismissed that as "a cursory vote that everybody knew would not succeed," adding "the fact of the matter is we will have an up or down vote on whoever it's going to be."

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Categories: Supreme Court

Tags: Judiciary, Leahy, Senate

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