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Tuesday, January 24, 2006

Good Report; Bad Move

Judge Samuel Alito was sent out of committee on a straight 10-8 party-line vote. Despite the bloc action by Democrats, he was reported out favorably, since majorities can do that sort of thing. And then he’ll be confirmed by the full Senate, because majorities can also do that sort of thing. Something interesting happened, though. A precedent was made. When Bill Clinton was in the White House, his two liberal Supreme Court nominees were confirmed 96-3 and 87-9. But Democrats are planning to put the gavel down on the jurist from Jersey because of his personal political convictions. Not a single charge of unfitness stuck. All the conjured scandals have evaporated, from Concerned Alumni of Princeton to Vanguard. The McCarthyite grilling amounted to nothing. All that remains is the third man of hay: the Unitary Executive. It is the basis the New York Times used in editorializing against him yesterday and it is all that remains of this stunted effort. Even there, though, opponents must misrepresent Alito’s views. What it comes down to is opposition for opposition’s sake.

That’s a sea change. If Democrats win the presidency in 2008, they can look forward to retaliation come Justice Kennedy’s retirement. Retaliation that, Democrats having submitted to paper and to videotape a hefty volume of on-the-record partisan snippiness, will be proved warranted. The Democrats are out of power. This Supreme game could have been a wash. Now it’s a loss. Their gamble is that the obstructionism will Fire Up The Base^® and result in obstruction-proof majorities. That seems highly unlikely.

Senator Jon Kyl, noting that this partisanship will “be remembered,” said today, “It is simply unrealistic to think that one party would put itself at a disadvantage by eschewing political considerations while the other party almost unanimously applies such considerations.” A gentlemen’s agreement is broken.

Posted on January 24, 2006 12:39 PM. Permalink