For months Majority Leader Bill Frist has claimed that the judicial filibuster is unconstitutional and all judicial nominees have a right to an up-or-down vote. For example, here is what Frist told the Federalist Society in November 2004:
This filibuster is nothing less than a formula for tyranny by the minority…. If this is allowed to stand, the Minority will have effectively seized from the President the power to appoint judges. Never mind the Constitution.
Today on the Senate floor Sen. Byrd asked Frist about his claim:
SEN. BYRD: I ask the Senator from Tennessee, I ask any Senator to respond to that question. Does this Constitution accord to each nominee an up-or-down vote on the Senate floor?
SEN. FRIST: The question: Does the Constitution say that every nominee of the President deserves an up-or-down vote. And the ABC is — the answer is: no, the language is not there.
The really sad part is, Frist will keep saying the same thing anyway. Never mind the Constitution.