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Friday, January 13, 2006

Another point of view

I've been bloviating for the last few days about how ineffective the Democrats have been in the Alito hearings. Here's another point of view from someone whose opinions are usually worth considering -- Publius.

There’s no point in trying to block Alito – for one, it can’t be done. And even if it could, a new Alito would pop up in his place. Instead, Democrats need to oppose Alito and make him a political liability. Success shouldn’t be defined as blocking or not blocking, but as whether Democrats framed the Alito nomination in a way that can ultimately be used for political benefit. It’s the litigation equivalent of creating a record that can ultimately be used at trial.

If this is the standard for success (as opposed to borking), I think the Senate Dems have been quite successful indeed. Alito is going to get confirmed, but he certainly took his lumps. Thanks in part to a more concentrated Democratic effort, I suspect that the two things that pop into most Americans’ heads when they think of Sam Alito are his opposition to Roe and his membership in CAP.

Democrats can therefore use Alito to wedge Republicans in Blue and Purple states. When election time rolls around in places like Rhode Island and Maine and Pennsylvania and Minnesota and Washington, Democratic Senate candidates can hang Alito on their opponents’ neck. I won’t vote to confirm people who bragged (at age 35) about membership in racist and sexist organizations. I won’t nominate someone who is openly hostile to Roe. [This is also a good tactic for presidential candidates.] Again, it’s about offering a contrasting vision. The image people have of Alito is an image that Rove/Mehlman types want to shed – and for good reason.

I don't think I agree. I believe the Dems could have done alot better in framing the issues and challenging the appointment. The so-called "liberal" mainstream media has almost universally painted them as weak and ineffective. Biden has made himself into a buffoonish cartoon character. I don't think this really sets them up well to use Alito as a wedge issue.

But, more importantly, with this guy on the Court, our system of checks and balances will be lost, and Bush will almost certainly become the unchallengable dictator he seeks to be. At that point, it may well be too late. I hope I'm wrong and that Publius is right!

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