Don't let facts get in the way of a good story

Matthew Hoy
By Matthew Hoy on May 22, 2005

CNN's story on the possibility of a Senate compromise on judges contains this little gem.

Republicans have said no judicial nominee has been filibustered in the Senate's history, although they filibustered the nomination of Abe Fortas to be chief justice in 1968.

Actually, Republicans and Democrats briefly filibustered the Fortas nomination -- though no one called it a filibuster. Why? Because the intent back in 1968 wasn't to use the filibuster to halt a vote on Fortas, but to extend debate and actually talk about Fortas. In the end, Fortas' nomination was pulled -- not because he was being filibustered, but because it became apparent that he would lose the vote that everyone planned on giving him.

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