THE DEMOCRATS have gone where no party ever has: It has become the party whose senators routinely filibuster nominations to the circuit courts of appeals. The obvious intention is to make it harder to confirm a nominee. Indeed, where a simple majority always has sufficed for Senate approval, 60 votes now are necessary, since that is the number of votes needed to break a filibuster and permit an up-or-down vote.

Senate Democrats have filibustered three circuit court nominees and promise to block votes on several more. But not until last week did a filibustered nominee finally give up when Miguel Estrada, designated for the District of Columbia Circuit, asked President Bush to withdraw his name.