january 31, 2006

Alito Confirmed: Now What?

In the end it was just too much for liberals like Ted Kennedy and John Kerry to overcome. They tried to filibuster the Alito nomination, but it really was too little too late. Alito was strong in the hearings, he didn’t mess up, and the public never turned on him. Ralph Neas, Nan Aaron and other liberal special interest group biggies tried to drum up a groundswell of opposition to Alito, but it never worked.

Yes, the liberals got angry and mobilized, but the rest of the country did not. Alito just never came across in demeanor and substance as a right wing ideologue. So Alito’s public opinion polls stayed strong.

That 72-25 Cloture vote to cut off debate on his nomination was a real blow to Kerry and Kennedy. They didn’t even come within whiffing distance of blocking his nomination. Part of the problem is that they started too late. There wasn’t any real sense of urgency about this until it was too late. If they were serious about a filibuster, the groundwork needed to be laid much earlier.

Where were the frank discussions with red state moderate Democrats? You got the sense that Kennedy and Kerrry came up with this as a last minute attempt and it never worked. But the final vote was a real partisan one. I mean, hey, Clarence Thomas even got 11 Democrats to vote for him. Alito only got 4. That’s pathetic.

With Alito on the court, Roe is still not in jeopardy. Even if Alito, Roberts, Thomas, and Scalia vote to overturn it, you still have five judges who will uphold it. That’s why the next big beltway story will be who’s the next justice to retire? My guess is John Paul Stevens. He’ll be 86 in April, and the rumor mill is flying that he’ll retire come the summer. If that happens, well that’s really the one that would tip the abortion scale in conservatives favor.

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