Tuesday, January 31, 2006


Samuel Alito has finally been confirmed for the Supreme Court. But what if President Bush gets to pick another nominee?

Republicans are rejoicing that Judge Alito has become Justice Alito. Democrats are licking their wounds or avoiding wild-eyed members of hack sites like Atrios and Daily Kos. However, Republicans should not think the game is over. There are now just four conservative justices on the Supreme Court. Justice Anthony Kennedy can be relied upon in certain cases like those involving federalism but what about matters involving private rights? Now that Democrats have brought up the filibuster as a legitimate way to block Supreme Court nominees (despite yesterday's failure) will it be so shocking if 41 Democrats favor a filibuster for the next nominee in order to preserve their advantage on the Court? I don't think so.

Yesterday's events on the Senate floor showed us that 25 senators were willing to mount a filibuster in order to derail Alito's nomination. The slurs on Alito's character, the allegations of his impropriety, the distortion of his jurisprudence have allowed to go on, unabated. Through today's confirmation vote, Democrats like Schumer, Durbin, Kennedy and Kerry have not toned down their despicable rhetoric.

The floor of 25 filibuster votes is set for Bush's next nominee. Even more pressure will be applied next time on the Democratic senators who failed to appease the crazed left-wing of their party. It will be hard for Democrats to vote against a filibuster when the Court's balance will tilt upon the confirmation of the next nominee. Do you think that left-wing ideologues like Ralph Neas of People for the American Way will learn a lesson after being humiliated by the Roberts and Alito nominations? No, Neas will be even more determined to implement his nasty tactics. Do you think Neas's henchmen like Schumer and Durbin will tack a new course? Of course not, the rhetoric will be ratcheted up and the lies will be even more pernicious.

Democrats like Schumer like to complain about ideologues on the bench. Even though Ruth Bader Ginsburg was counsel for the ACLU (all the hallmarks of an ideologue) she passed the Senate with overwhelming bipartisan support. Alito, an honorable man and principled judge has only received 58 votes. We should find the lack of bipartisan support for Republican nominees to be very troubling.

Republicans should brace themselves for the next nomination and make sure to get out in front of the Democrats dangerous filibuster strategy. If Americans come to believe that a filibuster is a legitimate strategy in countering qualified Supreme Court nominees, we are in for a rocky fight the next time President Bush chooses a justice.

Other opinions: TigerHawk, Baseball Crank, California Yankee, Llama Butchers, Riel World View, GOP Bloggers, The Jawa Report, Confirm Them, Blogs for Bush, LaShawn Barber, Outside the Beltway, Wizbang, Stop the ACLU, Captains Quarters and Malkin.


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