Jon Kyl: “That is, the chart that is before us on the other side is more than misleading; it is absolutely false. There are always…”

“That is, the chart that is before us on the other side is more than misleading; it is absolutely false. There are always judges who are not confirmed at the end of a Presidential term. There were at the end of the Clinton term. There were at the end of the first Bush term. So it is wrong to say that, because there were judges who continue be confirmed because they were nominated late, they were rejected. What is correct is to say is there have been four nominees rejected by filibuster without a fair trial, without an up-or-down vote. I have been trying to think of an analogy, watching people say: Look, it's 168 to 4; we have only filibustered 4. Of course, there are a lot more in the wings. But here is an analogy that deals with the law: We only hanged 4 people without a trial. We gave the other 168 a fair trial. We had a vote in the jury. That is what is going on here. It is not a matter of defeating the judges. Judges are defeated by both parties very seldom, and there are some at the end of a President's term who can't be voted on just because of time constraints, and it is about the same number in every party, if I go back in time. What is unprecedented is the filibuster where you don't even allow them a vote.”