On the recordFebruary 11, 2003
this is a historic debate on the floor of the Senate. It is rare in our history that the Senate has considered the nomination of the President of the United States for a circuit judgeship and at least the prospect of a filibuster is looming. It is an interesting issue historically that the Senate would reach this point that the minority in the Senate--in this case, the Democratic side of the aisle with 49 Members--would suggest to the majority party that we will stop this nomination by filibuster. I have asked my staff to take a look historically to find out how often that has occurred. It is extremely rare. Maybe the Senator from Utah can illuminate my knowledge. But I am told only in the case of Abe Fortas, who was being suggested as Chief Justice, was a filibuster suggested. The obvious question by those observing the debate is, Why? Why at this moment in time, with this nominee, is the Senate, maybe for the first or second time in its history, considering a filibuster? Many of us who serve on the Judiciary Committee believe this nomination and this debate is so historically significant that we must consider an extraordinary response by the minority of the Senate.
Source
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