Kos pointed to an article featuring comments by Senator Brownback where he stated his frustration with judicial filibusters, and then to a quote by Brownback vowing to filibuster a piece of stem cell legislation... Kos calls this flip flopping.

Of course, it doesn't take a genius to understand there is a difference between judicial filibusters and legislative filibusters. The constitutional option Frist would have called a vote on was only applicable to judicial filibusters. Legislative filibusters were never even the issue.

What's the difference between these filibusters? Ed Whelan, a former clerk for Justice Antonin Scalia, and current President of the Ethics and Public Policy Center explained the difference in an interview with Blogs For Bush:

Filibustering judicial nominees interferes with the President's power to make judicial appointments, which under the Constitution is subject to Senate confirmation by an up-or-down majority vote. Legislation is introduced by individual Senators, not by the President, and the Senate therefore has far freer play in this realm.

Ever since Kerry was exposed for the flip-flopper he is, the loony left have been desperate to label any Republican a flip-flopper... This sad attemp by Kos is just the latest failed attempt.