Then: "This is strictly about whether or not a minority of senators is going to prevent the president from being able to name and get confirmed judges that he chooses after he's been elected by the American people." (John Kyl, R-Ariz.)
Now: Kyl said if Obama goes with empathetic judges who do not base their decisions on the rule of law and legal precedents but instead the factors in each case, he would try to block those picks via filibuster.
It's hard to imagine a more hypocritical stance that Republicans, who so vociferously and self-righteously complained about the use of filibusters to block a relative handful of judicial nominees during the Bush administration, could take than now embracing the filibuster, refusing Obama's nominees that precious "up-or-down vote" they said in 2005 was the right of any nominee, however extreme.
Yet, that's exactly what Republicans are doing now. The nomination of the extremely moderate, David Hamilton of Indiana, will come to a vote today. Republicans will attempt to block that with a filibuster. Some conservative groups have attempted to paint Hamilton as a raging liberal - though he has the full-throated endorsement of Republican Sen. Richard Lugar and served as counsel to Republican Gov. Evan Bayh.
In an editorial for later in the week, we'll decry this hypocrisy and urge Republicans to save the filibuster for truly extreme nominees.