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			| Tyrone Slothrop | 07-19-2005 04:26 PM |  
 breaking news: the doomsday clock ticks one minute closer to the apocalypse
 
	Quote: 
	
		| 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.
 
 |  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?
 
 |  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. |