If you connect the dots in this article, it turns out that virtually any disagreement with the Democrats and their liberal interest group allies might trigger a filibuster. Thus Michael McConnell, whose nomination to the 10th Circuit Court of Appeals won widespread support, might face a filibuster now:
But that doesnt mean McConnell would have an easy time if he is nominated to the high court. A former assistant solicitor general in the Reagan Justice Department, he was highly critical of the high court ruling in Bob Jones University v. United States, the 1983 case that determined that the Internal Revenue Service could revoke the charitable tax-exempt status of a private university for discrimination in banning interracial dating among its students.
"The striking thing is that McConnell has criticized by our count about a dozen significant Supreme Court decisions on civil rights and civil liberties," says [Eliot] Mincberg [of PFAW], whose group has been critical of McConnell, Roberts, and Luttig.
While Steve Dillard finds some comfort in this article supporting McConnells 10th Circuit nomination, it seems to me to be written carefully so as not to commit its authors, prominent liberal law professors, to supporting McConnells elevation to the Supreme Court.