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Originally posted by sgtclub
As I understand it, and I may have the facts wrong, Fortas did not have support in the full Senate, which was then controlled by the Dems, so the filli was bipartisan.
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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 don't think this sheds any light on the question of constitutionality. Why would it? It's constitutional because we did it before?
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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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