<br />Myth #2: Filibusters Of Judicial Nominations Are Part Of Senate Tradition. <br />Fact: Having To Overcome A Filibuster (Or Obtaining 60 Votes) On Judicial Nominations Is Unprecedented And Has Never Been The Confirmation Test For A Nominee -- And In The Past, Even Democrats Have Called For Up Or Down Votes.<br /><br />Myth #4: Democrats Treatment Of Bush's Nominees Is Analogous To Republicans Treatment Of Clinton's Nominees. <br />Fact: President Clinton's Judicial Nominees Were Not Filibustered And Never Before Has A Judicial Nominee With Clear Majority Support Been Denied An Up-Or-Down Vote On The Senate Floor By A Filibuster.<br /><br />In 1994, When The Democrats Controlled Both The Senate And The Executive Branch, President Clinton Confirmed A Record Number Of Federal Judges. "President Clinton has gotten 129 federal judges confirmed by the Senate, more than any previous president during the first two years in office... 101 of his 129 judges were confirmed in 1994. That was the highest one-year total since Jimmy Carter won approval of 135 in 1979." (Michael J. Sniffen, "Clinton Outdoes Predecessors In Filing Judicial Vacancies," The Associated Press, 10/12/94) <br /><br />While Democrats Claim They Have Confirmed More Than 200 Of President Bush's Judicial Nominees, 10 Of The 52 Nominees To The Circuit Court Of Appeals Were Filibustered. (Jesse J. Holland, "Senate Confirms First Judge Of Bush's Second Term," The Associated Press, 4/11/05)<br /><br />Myth #5: The Constitutional Option Is Unprecedented. <br />Fact: Senate Democrats Have Used The Constitutional Option In The Past. <br /><br /><br />In 1995, Senator Joseph Lieberman (D-CT) And Eight Other Democrats Now Serving In The Senate (Bingaman, Boxer, Feingold, Harkin, Kennedy, Kerry, Lautenberg, And Sarbanes) Supported Ending All Filibusters. In 1995, the only Senators on record supporting the end of the filibuster were all Democrats, nine of whom are still serving in the Senate. (Karen Hosler, "Senators Vote 76-19 To Maintain Filibuster," The [Baltimore] Sun, 1/6/95; S.Res. 14, CQ Vote #1: Motion Agreed To 76-19: R 53-0; D 23-19, 1/5/95, Bingaman, Boxer, Feingold, Harkin, Kennedy, Kerry, Lautenberg, Lieberman, and Sarbanes Voted Nay)<br /> <br />· The Harkin-Lieberman Proposal Would Have Amended The Senate Rules To Allow A Simple Majority To Overcome "Any" Filibuster, Legislative Or Executive. (Karen Hosler, "Senators Vote 76-19 To Maintain Filibuster," The [Baltimore] Sun, 1/6/95; S. Amdt. 1, Motion To Table Agreed To 1/5/95) <br /> <br />"Party Of Nine" Past Rhetoric Doesn't Match Current "Party Of No" Obstructionist Message: <br /> <br />"Party Of Nine" Ted Kennedy (D-MA): "Senators Who Feel Strongly About The Issue Of Fairness Should Vote For Cloture, Even If They Intend To Vote Against The Nomination Itself. It Is Wrong To Filibuster This Nomination, And The Senators Who Believe In Fairness Will Not Let A Minority Of The Senate Deny [The Nominee] His Vote By The Entire Senate." (Sen. Ted Kennedy, Congressional Record, 6/21/95, p. S8806)<br /> <br />· "Party Of No" Kennedy: Will "Continue To Resist Any Neanderthal That Is Nominated By This President" For The Federal Judiciary. (Helen Dewar, "Senate Filibuster Ends With Talk Of Next Stage In Fight," The Washington Post, 11/15/03)<br /> <br />"Party Of Nine" Barbara Boxer (D-CA): "According To The U.S. Constitution, The President Nominates, And The Senate Shall Provide Advice And Consent. It Is Not The Role Of The Senate To Obstruct The Process And Prevent Numbers Of Highly Qualified Nominees From Even Being Given The Opportunity For A Vote On The Senate Floor." (Sen. Barbara Boxer, Congressional Record, 5/14/97, p. S4420)<br /> <br />· "Party Of No" Boxer: "So We're Saying We Think You Ought To Get Nine Votes Over The 51 Required. That Isn't Too Much To Ask For Such A Super Important Position. There Ought To Be A Super Vote. Don't You Think So?" (Sen. Barbara Boxer, Remarks At MoveOn.org Rally, Washington, D.C., 3/16/05; Byron York, "Right On, MoveOn!," National Review, 3/17/05)<br /> <br />"Party Of Nine" Joe Lieberman (D-CT): "For Too Long, We Have Accepted The Premise That The Filibuster Rule Is Immune. Yet, Mr. President, There Is No Constitutional Basis For It." (Sen. Joseph Lieberman, Congressional Record, p. S36, 1/4/95)<br /> <br />"Party Of No" Lieberman: Explained That His 1995 Proposal Stemmed From His Concern That Minority Of Senators Were Hindering The Majority's Will. "I was just concerned that the system was being used at that point by a minority to frustrate legislative accomplishment. It was contributing to legislative gridlock ... [Now] it seems to me that the much more serious threat to our government ... is partisan polarization." (Sen. Joseph Lieberman, Press Conference, Washington, D.C, 4/20/05) <br /><br />"Party Of Nine" Tom Harkin (D-IA): Urged "[T]he Republican Leadership To Take The Steps Necessary To Allow The Full Senate To Vote Up Or Down On These Important Nominations." (Sen. Tom Harkin, Congressional Record, p. S8339, 9/11/00)<br /><br /><br />"Party Of No" Harkin: Harkin Spokeswoman Said Eliminating Executive Filibusters "Sets A Dangerous Precedent." (Jane Norman, "Grassley: Filibuster Rule Needs," The Des Moines Register, 3/2/05)