Senator Russ Feingold of Wisconsin suggested that he would be willing to use the filibuster to block some judicial nominees. He nonetheless noted that they could not sustain a filibuster for all nominees, but would have to "pick and choose" their battles. Daschle joined the chorus with regard to filibustering Supreme Court nominees. In a statement which confused qualifications and judicial philosophy, Daschle stated:
"I think it just depends on how qualified the nominee will be and if there is such an opening," he said. "If a replacement for the Chief Justice of the U.S. Supreme Court represents an extreme far-right position on most of the issues of the day, or issues relating to the Constitution, I think he or she would be in for a rough ride, in terms of the confirmation."