"However, [Fortas] did not have the votes in any case."
This is far from established fact, despite repeated utterances in the right wing echo chamber.
Neocons should take the following quote with a grain of salt, but according to
this radical left-wing web site:
[ QUOTE ]
...[President] Johnson concluded that despite filibuster warnings he just barely had the support to confirm Fortas.
[/ QUOTE ]
It's unclear how a vote would have gone down.
As an aside, why wouldn't Senate Republicans just have allowed a vote to take place if it was somehow self-evident Fortas wouldn't have been approved?