LogFAQs > #876680074

By legitimately filibuster, I mean successfully and permanently blocking a nominee. The Democrats actually failed their filibuster of Alito. Mostly because nobody has ever seriously attempted a literal filibuster of a nominee on the Senate floor in decades. The Senate has a constitutional obligation to confirm (or not confirm) a nominee, which has generally been interpreted as the Senate actually has to vote on a nominee, and a filibuster essentially violates that rule.

The Republicans took advantage of their control of the Senate to delay Merrick Garland's nomination hearings until after the election. It would've eventually failed and just be a publicity stunt if Clinton had won.
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Physician [Internal Medicine]