In the next breath Biden corrected himself, saying: "I misspoke, I misspoke. Janice Rogers Brown is what I meant to say."

Asked whether that would break the Senate's much-heralded compromise last month not to filibuster judicial appointments except under "extraordinary circumstances," Biden explained:

"[The Supreme Court] is a totally different ball game. ... A circuit court judge is bound by stare decisis. They don't get to make new law. They have to abide by [legal precedent]."

Asked if O'Connor's retirement was more likely to provoke a filibuster than would have been the case had the more conservative Chief Justice William Rehnquist retired, Biden responded, "Probably."

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