FLASHBACK: Republican Senators Claimed Judicial Filibusters Are Unconstitutional

June 21, 2010 2:06 pm ET

During an interview on Fox News Sunday, Senate Minority Leader Mitch McConnell said it is "possible" that Republicans will attempt to filibuster Elena Kagan's nomination to the Supreme Court.  However, while filibustering is within the GOP's rights, at least eight Republican senators have publicly argued that judicial filibusters are unconstitutional.

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