According to a Washington Post story, and parroted in the comments section of a previous post, Democrats are taking the Wayback Machine to 1968 to give Republicans a dose of “I told ya so.”

Just one problem. The 1968 filibuster of Abe Fortas is much different than today’s Democrat Minority tactics.

Abe Fortas had already been confirmed as a judge. An opportunity the Minority party Democrats haven’t afforded to Janice Rogers Brown, Priscilla Owen, Miguel Estrada, etc.

In addition, 24 Republicans and 19 Democrats opposed the elevation of Supreme Court Justice Abe Fortas to the position of chief justice of the United States because there was an ethical concern that Fortis had taken money from the Wolfson Foundation, which had been funded by tainted money, and he was receiving an astronomical sum for a few moments of lecturing at American University. An ethical scandal taking place while he sat on the U.S. Supreme Court.

The Wolfson Foundation was run by Fortas friend and former client, Louis Wolfson, who was convicted of violating Federal securities laws and spent time in prison.

But most importantly, the Fortis filibuster was not aimed to derail a final vote. It was to enable further information to be elicited since the scandal was unfolding.

The Democrats were also involved in the filibuster, and President Johnson withdrew the nomination.

There wasn�t any final effort by a Senate minority to prevent a vote. It was the President who chose to withdraw the nomination.

Fortas ultimately resigned from the court under public pressure and congressional scrutiny, including a threat of impeachment. He was the first justice to do so.