This morning on the floor of the Senate, Sen. Chuck Schumer asked Majority Leader Bill Frist a simple question:

SEN. SCHUMER: Isn’t it correct that on March 8, 2000, my colleague [Sen. Frist] voted to uphold the filibuster of Judge Richard Paez?

Here was Frist’s response:

The president, the um, in response, uh, the Paez nomination - we’ll come back and discuss this further. … Actually I’d like to, and it really brings to what I believe - a point - and it really brings to, oddly, a point, what is the issue. The issue is we have leadership-led partisan filibusters that have, um, obstructed, not one nominee, but two, three, four, five, six, seven, eight, nine, ten, in a routine way.

So, Frist is arguing that one filibuster is OK. His problem is that several Bush nominees have been filibustered. This position completely undercuts Frist’s argument that judicial filibusters are unconstitutional. (Which is, in turn, the justification for the nuclear option.) If judicial filibusters are unconstitutional there is no freebee. [emphasis original]

Posted by: Jonathan Singer / 10:09 AM | Basie! Home