] But there must be something different in the way that the
] Democrats are blocking Bush's nominees, right? The
] Republicans say that Democrats are doing is
] "unprecedented."
]
]
] Oh, yes they do. Just the other day on Fox News, Utah
] Sen. Orrin Hatch, the former chairman of the Senate
] Judiciary Committee, proclaimed: "We've never had a
] filibuster of judges in the history of this country." In
] a myth vs. fact sheet, the Republican National Committee
] says that "having to overcome a filibuster (or obtaining
] 60 votes) on judicial nominees is unprecedented."
]
]
] But that's not a fact. In 1968, Republicans led a
] filibuster against Lyndon Johnson's nomination of Abe
] Fortas as chief justice. And that isn't the only
] Republican attempt to filibuster a judicial nominee in
] recent history. During the Clinton years, the
] Congressional Research Service says, Democrats were
] forced to bring cloture motions on six judicial nominees.
] While the existence of a cloture motion doesn't always
] mean that a filibuster is in effect, in at least some
] instances it has meant just that: In 2000, Frist himself
] voted to support a filibuster against Richard Paez,
] Clinton's nominee to the U.S. Court of Appeals for the
] Ninth Circuit.

This article presents a very good assessment of just what can and can't happen along the lines of the "Nuclear Option." It's not as cut and dry as many would think.