Going down swinging

With Samuel Alito’s confirmation all-but inevitable, there are two facts that appear clear: 1) Alito would be a dangerously conservative justice; and 2) there aren’t enough votes to support a filibuster that would block the nomination. Yesterday, John Kerry said he’s launching one anyway. Good for him.

Senator John Kerry of Massachusetts could not attend the Senate debate on the Supreme Court nomination of Judge Samuel A. Alito Jr. on Thursday. He was in Davos, Switzerland, mingling with international business and political leaders at the World Economic Forum.

But late Thursday afternoon, Mr. Kerry began calling fellow Democratic senators in a quixotic, last-minute effort for a filibuster to stop the nomination.

Democrats cringed and Republicans jeered at the awkwardness of his gesture, which almost no one in the Senate expects to succeed.

Some in the Dem establishment want to highlight Alito’s extremism and thought the confirmation hearings were largely unsuccessful in that regard. Other Dem leaders fear that a filibuster would backfire and anger the electorate, while raising the specter of the “nuclear option.”

At the risk of sounding overly-utilitarian about it, Kerry’s principled stand should make all Dems happy — the filibuster can help bring Alito’s ideology and beliefs into view, while a filibuster that doesn’t work isn’t likely to anger many voters or prompt Republicans to end all judicial filibusters forever.

The next part will be using this maneuver effectively. The media might make that difficult.

Kerry has a compelling message.

I voted against Justice Roberts, I feel even more strongly about Judge Alito. Why? Rather than live up to the promise of “equal justice under the law,” he’s consistently made it harder for the most disadvantaged Americans to have their day in court. He routinely defers to excessive government power regardless of how extreme or egregious the government’s actions are. And, to this date, his only statement on record regarding a woman’s right to privacy is that she doesn’t have one.

I said yesterday that President Bush had the opportunity to nominate someone who would unite the country in a time of extreme division. He chose not to do this, and that is his right. But we have every right, in fact, we have a responsibility, to fight against a radical ideological shift on the Supreme Court. Just think about how this nomination came to be. Under fire from his conservative base for nominating Harriet Miers–a woman whose judicial philosophy they mercilessly attacked–President Bush broke to extreme right-wing demands. This was a coup.

Miers was removed and Alito was installed to replace the swing vote on the Court. The President gave no thought to what the American people really wanted–or needed. So it’s up to us to think about what America really needs – that’s part of the true meaning of “advice and consent.”

But coverage late yesterday and early today suggests the real interest from those covering the nomination is whether Kerry’s filibuster will work in blocking Alito. Since most believe there aren’t enough votes to support the effort — there’s a reason the NYT called Kerry’s filibuster “quixotic” — coverage has taken on a horserace-like feel, with reporters counting heads, instead of Alito’s policy positions.

Regardless, Kerry is courageously putting himself out there, fighting the good fight. Kudos.

The point about how Alito’s jurisprudence will deny people from even having their day in court is the one that resonates most with me. Without proper access to courts, Democracy can’t function in any meaningful way. Alito would make it so that the students in Brown v. Board never would have been able to tell their story to the world.

  • I have nothing against Kerry — I was happy to vote for him and have been upset with people piling on him after his efforts.

    That said, this does make me a little sad. I wanted him, or anyone, to say this a month ago. At this point the air has gone out of the balloon. A serious filibuster effort could have caught fire, but now he’s not even going to win one cloture vote. And it’s going to do nothing to inform people how dangerous Alito is.

    I’m feeling it’s too little too late. All II want to ask is “where have you been for the last couple of months?”

  • Not to beat a dead horse, but the primary reason Alito isn’t going down is because of the utterly incompetent job done by Democrats on the judiciary committee. The secondary reason is because many Senate Democrats seem to be terrified of losing their seat. You can’t run a country or a party using a fear-based strategy. Having the courage of your convictions, even if it leads to defeat, paradoxically makes you less likely to be defeated.

  • Whats happening to OUR COUNTRY? Bush wants to fight all over the world to bring them democracy but here in the US we keep losing right’s to BUSH and the Religous Wrong.

  • zmulls,

    I believe he did not feel it was appropriate for him to do this a few months ago, as he’s not on the Judiciary Committee, and he could fairly have been viewed as grandstanding before the committee hearings had even started.

    I’m a constituent, have met (and even had a beer with!) the man, and I’m telling you there has rarely been a politician as misrepresented by the press as John Kerry.

  • Unlike Diane, I am not a big fan and share much of zmulls’ view — it seems to me that Kerry is doing this in large part because a number of progressive blogs pulled out reminders in the last week of the promise he made in the campaign to filibuster right-wing judges. Politically, that put him a bit behind the 8-ball: the filibuster was not well set up, so he looks a little daffy doing it (or, more accurately, doing it so unsuccessfully), yet he couldn’t let himself come under fire for the next week in the blogosphere for breaking his promise or saying whatever was needed to get elected.

    ok, so i’m a little cynical. (on the bright side, look how much power i attribute to progressive blogs!)

  • After the Ohio G.O.P. demanded an apology from Paul Hackett for saying “the republican party has been hijacked by religious fanatics who aren’t a whole lot different than Osama bin Laden…”, he replied, “I said it. I meant it. I stand by it.”

    Until the Dem’s are more concerned with doing the right thing than being ridiculed and bullied by RepubCo, they will be ineffectual at best and dead meat at worst.

    It’s time to say Bullshit. Even if a filibuster is a futile effort this time, it will be a respectable statement and make strong action on an important issue easier next time. This lack of nerve has to stop.

  • Not to beat a dead horse, but the primary reason Alito isn’t going down is because of the utterly incompetent job done by Democrats on the judiciary committee.

    I think the primary reason is 55 Republican senators, but maybe that’s just me.

  • Don’t get me wrong, I support filibustering Alito. But staging is important in delivering strong messages – especially when you’re out on your own. Kerry should have been in Washington. He should be attending the floor debate.

  • I agree with Kerry on this: fight and fight hard. The Dems have been branded as milktoast and why not? They dont fight for anything, how can they protect us? At least thats what many in America think. The Dems need to start fighting and fighting hard, repeatedly. Only then will people on the fence be able to conclude that they are strong and tough enough to protect us, which may well open the door to winning a few elections. It is coming late but better late then never. Guts. Its what wins elections in a time of international conflict. Anything the Dems can do to show guts, and often, can only help them, I think.

  • I suggest that no one send the DSCC any money (for the next few months)and if you get contacted by it you return the envelope with a note saying that you would have sent money but due to the shitty performance and lack of balls shown by our Senators regarding Alito. Send your money to individual senators/reps local candidates and or the DCCC and DNC.

  • Damn the torpedoes and full speed ahead. I think Kerry’s latter day discovery of the filibuster could’ve been better managed, but he’s showing a hell of a lot more guts that any of the other Democrats (more than he showed in the presidential campaign). And who cares if the “nukular option” is invoked? in my lifetime the filibuster has only been used to protect southern racists.

    The real reason that our elected Democrats are willing to bend over for the Republican majority, is because they’re afraid they’ll lose their place at the trough. They’re as docile as can be.

    As wealthy “men of affairs” in the Colonies, our founding fathers could all have lived a comfortable, cozy life cooperating with the British. In declaring independence, they risked all that, facing certain death by hanging. What a bunch of spoiled wimps today’s elected Democrats have become.

  • If like me you have two Republican Senators, at least until next January, there isn’t much point in writing them to vote against Alito or against cloture, but you can still write them to vote against the nuclear option. Go here to send your Senator a letter opposing the nuclear option.

  • Rege, here’s what I said re: Republican Senators at my place:

    Tell them (particularly if they’re Republicans) that Alito has already shown in Rybar (that’s the machine gun case where he dissented, saying Congress had no authority to regulate their sale) that he doesn’t think much of Congress’s power, and why would they vote for a guy willing to diminish that power?

    It might make them think a little.

  • Time to pitch the Yogi Berra quote: “It ain’t over till it’s over”. Keep fighting – call, send faxes, write emails. To the Senators, to the media. To your friends. To your enemies. Show them all that we have gone through the ancient Cardinal Virtues of being (4)silent (the last one) around the horn to (1)”to know” (2) to will, and are finally in action at (3) “TO DARE”.

    Here’s some things you might say to your target audience:

    For the sake of women, the Senate and our form of government, and the American people, please filibuster to stop the confirmation of Samuel Alito.

    For the preservation of our form of balanced government… or..our constitutional democracy..
    ===========
    This issue goes beyond the traditional political divisions to the very core principles on which our country is founded.

    Stop the abuse of power by the Bush administration.
    Save Congress and the Supreme Court

    Those senators who do not support curbing the Alito confirmation will be declaring their Loyalist affiliation rather than being on the Patriot side of this basic, historic divide within our country. We the People will support only those who uphold the Constitution and our present democratic republican government. The senators should be advised that we are watching.
    ======
    In the beginning there were the Loyalists, who followed the commands of the one strong unitary executive, George III. Then came the Patriots who rejected the doctrine of the one powerful ruler. With the Declaration of Independence, the Patriots dared to defy the will of the unitary executive and a new country, a democratic republic was born.

    Now, as then, we who uphold the word of the Patria — the Founding Fathers — are battling the Unitary Executive, another George, and his Loyalists. In the end, we will prevail, as we have always beaten back the enemies of the people — We the People.

    It is time to choose sides. Are you on the side of the Patriots or the Loyalists? Are you a leader who will uphold the Constitution and the other declarations set forth by the Founding Fathers? Or will you submit in loyal obedience to the Powers that Be? America and the whole world is watching – history will judge you accordingly.
    ==========
    The national toll free numbers are 888-355-3588, 888-818-6641 and 800-426-8073,
    just ask for any senator by name.

  • Did it cross any of your minds that the Democratic Party put this together…don’t let the enemy know what you are doing or thinking until the last moment….they let the MSM think Alito is going to be confirmed easily…then they get two big name dems..Kerry and Kennedy…to announce the filibuster at the end of Thursday…one day on Friday for the media to get notice and no time for Frist to know what is happening. Then slowly one by one all the top ranking dems join Kerry and Kennedy…. the Repubs aren’t sure what will happen!!
    It reminds me of the way Reid and the Dem party handled Bush and his Social Security Plan…how the media said Bush would accomplish that….and we know how that turned out.
    Just my thoughts.

  • Did it cross any of your minds that you have had many opportunities to oppose the Alito nomination?
    .
    In November 2004 you were part of “the people” who chose the person with the right and responsibility to nominate Supreme Court justices. You, as part of the people, spoke and chose Mr. Bush.
    .
    In November 2000, 2002, and 2004 you were part of “the people” who chose the senators with the right and responsibility to advise and on nominated Supreme Court justices. You, as part of the people, spoke and chose 56 Republican senators (including then Republican Jeffords).
    .
    Comment 4 above: “The secondary reason [Alito isn’t going down] is because many Senate Democrats seem to be terrified of losing their seat[s].” Exactly right. When democratic senators refuse to vote against Alito because they fear the electorate will throw them out of office, “the people” are speaking again.
    .
    If you want to impact who replaces Stevens or Ginsburg, you know what you have to do. And I, as a Republican and Alito supporter, will respect you for your efforts, regardless of the results. Or, you can continue crying in your beer, and your leaders can continue posturing.
    .
    (Note to those of you tempted to reflexively respond that the reason you lost these elections was that the republicans cheated more than the democrats, keep on living in your dream world — while republicans continue to govern.)

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