Based on U.S. Senate rules for conducting business, it takes 60 votes to end debate and obtain a vote if no agreement can be reached to end debate. Continuing debate without an agreed ending is called a filibuster. This tactic has never been used until now to derail judicial nominations. Over the summer pro-abortion Democrats maintained filibusters on an increasing number of judicial nominees, all of whom would be confirmed by majority vote if those votes were allowed to occur.

Recent additions to the filibuster list were William Pryor and Carolyn Kuhl. The vote to end debate on Pryor’s nomination was 53-44, enough votes for confirmation, but not enough to end debate. Attempts to end the filibusters of Miguel Estrada and Priscilla Owen also failed. On September 4th, Estrada withdrew his name for consideration, unwilling to wait any longer after more than two years since his judicial nomination by President Bush. House Majority Leader Tom Delay (R-TX) observed, “The Democrats’character assassination of Miguel Estrada was a political hate crime.” Charles Pickering is soon expected to be the fifth Bush nominee filibustered because of his Pro-Life views.