Thursday, January 26, 2006

Fili-bloopers

Well, it's pretty clear that John Kerry's staff doesn't read this blog. If so, maybe they'd have thought twice about his decision today to lead a filibuster against Alito's confirmation.

Kerry is trying hard to keep himself in the hearts and minds of America's Democrats. It's fine with me that he's using his status as a 'just-barely-short' Presidential candidate and a U.S. Senator to steer Congressional policy, but I can't imagine that a filibuster against Alito will succeed. It may instead threaten the Republicans into exercising the 'nuclear' option of changing the Rules of the Senate to prevent filibusters of judicial nominees, and that will make future nominees who are genuinely unqualified (Bork, for example) impossible to deter.

Alito is conservative, yes. More so than Harriet Miers ever dreamed of being. And Alito's going to shift the Court to the right. Okay. But he's smart, cordial, and his opinions are clear. So says the ABA's Standing Committee on the Federal Judiciary. In 50 or 100 years, law students will be reading his opinions and shaping their views of what the word "constitutional" means. And after viewing his hearings, I'm confident that there will be opinions in which he rules against the government. Alito recognizes the difference between an advocate and an arbiter. I think he'll choose to be the latter.

I recognize that Democrats are crying out for a leader, and we need one, that's for sure. But Kerry can't win here. Let's focus instead on the environment, education, and civil rights. Let's work on developing a corollary to the "Contract for America" that spells out Democratic ideals. Let's rally around principles and not people. Show me a leader that puts out a comprehensive party platform, and I'll carry the flag for votes.

1 comment:

Deb said...

I say filibuster away. Bush is probably going to get two more bites of the apple, the time to stand up is now, the Repubs won't nuclear because they do not have the support of the people or the coherency of party line anymore.

It won't matter but by gad, it is time to show some cojones.