Skip to comments.The Roberts-Alito Court (Signaling the End of "The Left's 'Borking' Strategy")
Posted on 01/26/2006 12:04:06 AM PST by KentTrappedInLiberalSeattle
With at least 52 Senators already on record in support, it's clear that--short of some smear ex machina--liberal Democrats can't stop Samuel Alito from being confirmed to a seat on the Supreme Court. So it's a good moment to consider what this says about our politics and what it means for the Court as it enters a new era.
One conclusion is that the confirmation of both Chief Justice John Roberts and Judge Alito marks the most important domestic success for President Bush since his 2003 tax cuts. These look like legacy picks. Despite the Harriet Miers misstep, Mr. Bush has now fulfilled one of his campaign promises. And with two distinguished conservative jurists joining Justices Antonin Scalia and Clarence Thomas, the Court is closer than it's been in 50 years to having a majority that can restore Constitutional interpretation to its founding principles.
In this sense, the Alito-Roberts ascendancy also marks a victory for the generation of legal conservatives who earned their stripes in the Reagan Administration. The two new Justices are both stars of that generation--many others are scattered throughout the lower courts--and they are now poised to influence the law and culture for 20 years or more. All those Federalist Society seminars may have finally paid off. Call it Ed Meese's revenge.
The Roberts-Alito Court also represents a notable, and greatly satisfying, rebuke for the legal left and its "borking" strategy. They have long thought of the courts as their personal legislature, and they have shown they will do and say anything to keep control of it. But this time they lost, and on their own ideological terms.
(Excerpt) Read more at opinionjournal.com ...
I'm afraid he just fell into that "loyalty" groove the Bushes travel--not a bad thing in itself, but simply being nice to your friends isn't enough when the SCOTUS is at stake.
But it was just that, a misstep. Bush has, for me, redeemed himself there.
I think Dubya had every reason to think Republicans would trust his judgement on the Miers nomination. Whether unintended or because Rove knew the GOP base would need an Alito even after Roberts, Pryor, Brown, and Owen, the Miers nomination made Alitos confirmation easier. The Administration has done a great job vetting Alito. They picked a likable well-spoken man with a sharp mind. No Anita Hills. No illegal nanny, but how do you get Alito past a rat filibuster? Alitos strength is his judicial experience. Frame the debate with a candidate the rats can attack as unqualified and come back with Alito. I dont know if Dubya would ask Miers to be a sacrificial nominee but I have no doubt he could command that loyalty. The rats were beat to the battle by GOP pundits. The fact that Republicans torpedoed Miers helped to suppress the rat base support. They were left with the image and words of Reid gushing over an unqualified stealth conservative. Now when the conservative boogieman ScAlito is at the door, the rats say they wont filibuster? The rat base is really angry and this will hurt them.
If the rats do not filibuster Alito their base will be angry at the rats and Republicans. Republicans will be energized to support the GOP financially for our success. Rat donations would dry up.
If the rats do filibuster and Republicans nuke it, the rat base will only be angry with Republicans. The treacherous rat filibuster and our successful victory will energize Republicans. Our donor funds are likely to be larger if the rats filibuster and we nuke it, but the rats will lose less base support than if they dont filibuster. This outcome gives Republicans the additional benefit of making future court appointments easier, however it effectively removes an issue that has been advantageous to us in the past. This would also probably push the rats into full impeachment mode.
If the rats were successful in thwarting Alitos confirmation it would be a huge crushing blow to Republicans. It would start a flood of money into the rats to continue the fight, and it would result in a NYT 3-inch headline: BUSH LAME DUCK! That is what scares me.
Looking at the possible outcomes I think the rats will see filibuster as politically advantageous in at least the short term and it could pay off big time if they stop Alito.
I heard Sen. Allen say Alito will be confirmed and if we have to nuke a filibuster Bring it on. I heard the same thing from Frist a few months ago just before McCain pulled the rug out from under him.
The icing on this cake will be having Chief Justice Roberts swear in Justice Alito!! I HOPE it will be that way.
I forgot about that. It will indeed be SWEET, to see Chief Justice Roberts swear in Judge Alito to the Supreme Court!......Have a nice day RATS!
fixed that. it's too early or late or something
If the Dems try and filibuster this next time, then Bush can do a recess appointment to the SCOTUS and get his nominee on the court in the dark of night. Then he can dare the Dems to try the filibuster. Eisenhower did this twice in the 1950s with justices that we consider household names.
I think Harriet Miers should be honored for her achievment, for allowing herself to be in such a position. She got us Alito and I don't think it was accident.
(Denny Crane: "I Don't Want To Socialize With A Pinko Liberal Democrat Commie. Say What You Like About Republicans. We Stick To Our Convictions. Even When We Know We're Dead Wrong.")
I agree, if Alito were torpedoed things would go as you describe. When I see the articles here about how Alito is just about a done deal, I cringe.