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I'd give my right nut to block Alito. Left one, too, I ain't using them for much. But keep in mind what we are facing.
Two nightmare scenarios: One, we filibuster, win, and the Repubs go nuke and Alito is confirmed anyway. The Repubs then use the votes (or abstentions) against the Dem senators in red states. In these states, Dems don't win by sticking up for liberal principles. They lose that way. Instead of gaining seats in the next election or two, we start losing them. Which puts us further out of control, and locks the Repubs, and especially the Bush branch of the Repubs, into power.
And remember, in this scenario, Alito is confirmed, so we won nothing except a sroke of our ego.
Second nightmare: We win the filibuster, they nuke the filibuster and Alito is in. In 2006 we gain a couple seats. The vote is now 48-51, with Jeffords as an independent, voting our way. So it's really 49-51. That means we lose every partisan vote, but we can maintain a filibuster. Stevens retires. Bush appoints another Scalito to replace him. Now we have conservatives replacing liberals, which really will swing the court. Now we have the possibility of four complete right-wing nutjobs on the court, who will always vote in lockstep against everything we believe. We have four liberals. We have one swing voter who has sided with the nutjobs too often. The whole nation is opposed to this. We clearly have the votes to filibuster. Oh wait, we can't. We gave it up to stroke our egos for no gain back in 2006!
Third situation, though not really a nightmare. Let's say we do defeat Alito on his record and his evasive answers. Who will Bush follow him with? A liberal? A moderate? You know Bush will appoint Scalitos every time. Eventually one will win. Alito is just a place holder for the Repubs. He might as well not even have a face. He votes for an ideology, and there are plenty more where he came from.
Alito is not the most dangerous SCOTUS nominee in our history. The next one Bush nominates will be. Maybe Stevens and Ginsburg hold on for two more years. Maybe their bodies don't let them. Maybe Bush gets to appoint two more SCOTUS justices. Ever read The Pelican Brief? You don't really believe Ann Coulter was joking, do you? Even if she was, others won't think so. Maybe things go right for us. Maybe we win a majority in 2006. But that's a lot to bank on.
Oh, but let's make this great symbolic gesture anyway, you may say. Since we don't know the outcome, let's just stick to our principles! And I won't argue with that. Maybe that is the best option. But no field commander--and that's what Reid is--wants to give up his one weapon of last resort for symbolism. And no field commander wants to lose some of troops for symbolism. You don't often see soldiers say "We can't win this battle, and their is no strategic gain for us in our loss, and we won't do anything bu strengthen the enemy by fighting, but let's fight it anyway to show them how mad we really are." They pull back, so they are still alive for the battle they can win in the future, maybe after reinforcements have arrived.
If Reid can sustain a filibuster and not lose the filibuster in the process, he will know that going in, and he will no doubt do so. He will force the other Dems to vote for their party. But if he can't, and all the filibuster will accomplish is the loss of the filibuster and the appointment of Scalito anyway, he won't force everyone to comply. He may not even want them to comply. He won't force the red state Dems to kill their careers (because it doesn't matter one little bit what people outside of their state think of them) for symbolism, and he won't want to lose the filibuster for symbolism.
So I won't have a problem voting for a Dem in a red state who doesn't back the filibuster. I'm in Texas. I'd love to have Ben Nelson or Mary Landrieu or Robert Byrd or Joseph Lieberman as a senator, even if they don't support a filibuster. They'd be the most liberal thing to happen to this state since Ann Richards, and the most liberal senator since Ralph Yarborough. I'd support them even if they do side with Bush now and then. And I'd frankly be very angry if they threw away their careers to vote for something they had already lost, anyway. It's damn hard winning in red states. And it's even harder knowing that your senators are john Cornyn and Kay Bailey Hutchison, and your governor is Rick Perry. A DINO would be a damn fine thing over here.
Anyway, I'm not trying to change your mind and I damn sure am not saying we should give up the fight. But it's more complicated than some make it out to be, and sometimes the Dems that are getting bashed as being conservatives are still a damn sight more liberal than what would win in their states if they weren't there. And there is a lot to lose if we play this wrong. It can get a lot worse than Alito.
Sorry for the ramble. Donning flame suit now.
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