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Originally posted by Tyrone Slothrop
I think your facts are wrong. The Republicans tried to filibuster Fortas, and failed. There may have been some Dems joining them, but I would doubt it, since Fortas was a pal of LBJ's.
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I'll have to check my facts
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Exactly. Did you miss Con Law? The fact that it's been done indicates that it's OK, unless you -- like Clarence Thomas -- don't believe in stare decisis. Which is a very strange thing for a "conservative" to say, since it's the polar opposite of conservatism. A respect for precedent, and for the fact that the filibuster has been around for a long time, would ordinarily lead "conservatives" to accept its constitutionality.
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I understand that stare decisis applies to court decisions, but I didn't know it applies to actions prior to being challenged. This seems wrong to me. And I am not a conservative.
