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The Roberts-Alito Court (Signaling the End of "The Left's 'Borking' Strategy")
WSJ OpinionJournal ^ | 1/26/2006 | Staff

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 ...


TOPICS: Constitution/Conservatism; Editorial; Government; News/Current Events; Politics/Elections
KEYWORDS: 109th; alito; alitovote; bork; borking; robertscourt; supremecourt; theend

1 posted on 01/26/2006 12:04:10 AM PST by KentTrappedInLiberalSeattle
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To: KentTrappedInLiberalSeattle

HALLELUJAH!!!


2 posted on 01/26/2006 12:13:35 AM PST by no dems ("99% of lawyers give the rest a bad name." Steven Wright)
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To: KentTrappedInLiberalSeattle
This is the kind of article that makes the Myers choice so damned confounding. First of all, she wasn't qualified, but second of all, she seems to be a fantastic advisor to Bush when it comes to choosing judges for the court, so why the heck would he want to lose her?

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.

3 posted on 01/26/2006 12:14:30 AM PST by Darkwolf377 (http://www.welovetheiraqiinformationminister.com/#quotes)
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To: Darkwolf377
This is the kind of article that makes the Myers choice so damned confounding. First of all, she wasn't qualified, but second of all, she seems to be a fantastic advisor to Bush when it comes to choosing judges for the court, so why the heck would he want to lose her?

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 Alito’s 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? Alito’s strength is his judicial experience. Frame the debate with a candidate the rats can attack as unqualified and come back with Alito. I don’t 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 won’t 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 don’t 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 Alito’s 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.

4 posted on 01/26/2006 12:20:48 AM PST by Once-Ler (The rat 06 election platform will be a promise to impeach the President if they win.)
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To: KentTrappedInLiberalSeattle




The icing on this cake will be having Chief Justice Roberts swear in Justice Alito!! I HOPE it will be that way.


5 posted on 01/26/2006 12:28:07 AM PST by msnimje (http://www.ajc.com/opinion/content/shared-blogs/ajc/luckovich/index.html . FREEP THIS HOURLY!)
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To: msnimje

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!


6 posted on 01/26/2006 1:23:29 AM PST by Bush gal in LA
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To: KentTrappedInLiberalSeattle
I am not convinced that the Miers nomination was a misstep. It woke up the Right very nicely and got more support and attention for Alito than he otherwise would have had. The storm over her nomination may well have convinced the Crats that a conservative judge had actual majority support, not just acqueiscence.
7 posted on 01/26/2006 1:26:17 AM PST by arthurus (Better to fight them OVER THERE than over here.)
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To: KentTrappedInLiberalSeattle
I am not convinced that the Miers nomination was a misstep. It woke up the Right very nicely and got more support and attention for Alito than he otherwise would have had. The storm over her nomination may well have convinced the Crats that a conservative judge had actual majority support, not just acqueiscence.

fixed that. it's too early or late or something

8 posted on 01/26/2006 1:27:49 AM PST by arthurus (Better to fight them OVER THERE than over here.)
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To: Darkwolf377
The real fireworks start when Stevens kicks the bucket in 1-2 years and Bush appoints his third justice, which puts a true conservative majority on the court. It will probably push Anthony Kennedy to the right permanently. The Dems will be apoplectic when this happens.

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.

9 posted on 01/26/2006 2:12:19 AM PST by tom h
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To: arthurus
The storm over her nomination may well have convinced the Crats that a conservative judge had actual majority support, not just acqueiscence.

And perhaps more importantly, it may well have convinced the GOP Senators how important the SCOTUS is to the Republican base. Does any Republican Senator now fail to realize that there'll be hell to pay for selling us out on this issue?
10 posted on 01/26/2006 2:15:13 AM PST by irishjuggler
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To: irishjuggler

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.


11 posted on 01/26/2006 2:32:36 AM PST by arthurus (Better to fight them OVER THERE than over here.)
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To: KentTrappedInLiberalSeattle
The Democrats are trying to delay the vote. But they know they've LOST! This time, their RINO friends can't rescue them.

(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.")

12 posted on 01/26/2006 2:51:48 AM PST by goldstategop (In Memory Of A Dearly Beloved Friend Who Lives On In My Heart Forever)
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To: Once-Ler
I think you're right on about the Alito nomination, but your theory about Miers is too clever. I suppose one could look at the events and say this was planned, but it depends too much on unpredictable reactions, when politicians are too risk-averse to try such a complex routine.

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.

13 posted on 01/26/2006 3:21:37 AM PST by Darkwolf377 (http://www.welovetheiraqiinformationminister.com/#quotes)
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