Arizona Supreme Court Justice Andrew D. Hurwitz’s nomination to the U.S. Ninth Circuit Court of Appeals will continue through the Senate after eight Republicans broke away from the rest of their party to vote to end a filibuster on his nomination.

Jessica Pieklo at Care2.com writes:

Among those who voted with Democrats were both Arizona Senators Jon Kyle and John McCain. The other Republicans who joined the vote were Senators Lamar Alexander (R-TN.), Scott Brown (R-MA.), Susan Collins (R-ME), Richard Lugar (R-IN.), Lisa Murkowski (R- AK) and Olympia Snowe (R-ME) also voted in favor, as did the Senate’s two independents, Joe Lieberman of Connecticut and Bernie Sanders of Vermont.

Democrat and abortion-rights foe Joe Manchin (D-WV) broke with his party to oppose the confirmation.

The Republicans’ issue with Hurwitz? He once clerked for a pro-choice justice, something Iowa Senator Chuck Grassley considers indefensible.

Via Politico:

“The much-criticized viability cut-off point that formed the basis of Roe came directly from Judge Newman’s opinion,” said Chuck Grassley (R-Iowa), the ranking Republican on the Judiciary committee, later adding: “I think by any fair measure, it is impossible to read Justice Hurwitz’s article and not conclude that he wholeheartedly embraces Roe, and importantly, the constitutional arguments that supposedly support it.”

Supporting established constitutional law? Oh, the horror!