Yeah, Joe, but where was the filibuster when the Senate passed the MCA?

Senator/presidential candidate Joe Biden laments the Senate’s failure to overcome a GOP filibuster threat on restoring habeas corpus. Nowhere, though, does he mention Democrats failure to filibuster the Military Commissions Act last year, to prevent habeas rights from being stripped out in the first place.

Yellow Dog is right in that it wasn't an actual filibuster, just the threat of one; of course, the Democrats, by treating the threat as an actuality, essentially make it so.

Update: A TPM e-mailer has a good follow-up to actual or threatened GOP filibusters, noting Bush would have vetoed all these items anyway.