Professor David RePass thinks we have too many "phantom filibusters." As a consequence, there is a de facto sixty-vote requirement for passing legislation in the Senate. While I disagree with Professor RePass' claim that the "phantom filibuster" is "unconstitutional" -- the Senate clearly has the authority to set its own internal rules -- I do think that "real" filibusters, in which the minority has to take the floor to prolong debate and stave off a vote, are preferable to the current practice. So where was Prof. RePass when "phantom filibusters" were used against President Bush's judicial nominees?