Legal scholars have long debated whether the filibuster may be used to keep judicial nominees off the bench. For practical purposes, that question was answered on May 23, 2005. That night, while forging a settlement of a boiling debate, the bipartisan "Gang of 14" established that filibustering judges is allowed, but only under "extraordinary circumstances."

This controversy arose when Democratic senators met at a strategy retreat shortly after President George W. Bush took office. There, they made a calculated and historic decision to cast aside more than 200 years of Senate precedent and to openly and systematically filibuster even highly qualified Bush nominees.

Uproar ensued, leading to contentious debate and even an all-night Senate session....