They could have filibustered
Unqualified Offerings
by Thoreau
11/09/07
It was 53-40 for Mukasey. 6 Democrats jumped ship. I won’t blame each and every member of the party (and I invite you to re-read that as many times as you deem necessary), but as far as I can tell a filibuster was possible. 40 Democrats voted against Mukasey, and one of the 7 not voting was The Dodd. (Respect The Dodd.) If it had gone to a filibuster, the Dodd could have been brought in to make it 41 votes. (The Dodd abides.) So a filibuster was possible. The lack of a filibuster suggests that there are some serious institutional/leadership issues here...
http://highclearing.com/index.php/archives/2007/11/09/7396
Informant: Thomas L. Knapp
http://freepage.twoday.net/search?q=Mukasey
by Thoreau
11/09/07
It was 53-40 for Mukasey. 6 Democrats jumped ship. I won’t blame each and every member of the party (and I invite you to re-read that as many times as you deem necessary), but as far as I can tell a filibuster was possible. 40 Democrats voted against Mukasey, and one of the 7 not voting was The Dodd. (Respect The Dodd.) If it had gone to a filibuster, the Dodd could have been brought in to make it 41 votes. (The Dodd abides.) So a filibuster was possible. The lack of a filibuster suggests that there are some serious institutional/leadership issues here...
http://highclearing.com/index.php/archives/2007/11/09/7396
Informant: Thomas L. Knapp
http://freepage.twoday.net/search?q=Mukasey
rudkla - 9. Nov, 13:09