Alito: We Are F*CKED

[PalJoey]

Posted: 1/26/06 at 9:37am

January 26, 2006
Editorial

Senators in Need of a Spine

Judge Samuel Alito Jr., whose entire history suggests that he holds extreme views about the expansive powers of the presidency and the limited role of Congress, will almost certainly be a Supreme Court justice soon. His elevation will come courtesy of a president whose grandiose vision of his own powers threatens to undermine the nation's basic philosophy of government — and a Senate that seems eager to cooperate by rolling over and playing dead.

It is hard to imagine a moment when it would be more appropriate for senators to fight for a principle. Even a losing battle would draw the public's attention to the import of this nomination.

At the Judiciary Committee hearings, the judge followed the well-worn path to confirmation, which has the nominee offer up only the most boring statements and unarguable truisms: the president is not above the law; diversity in college student bodies is a good thing. But in what he has said in the past, and what he refused to say in the hearings, Judge Alito raised warning flags that, in the current political context, cannot simply be shrugged away with a promise to fight again another day.

The Alito nomination has been discussed largely in the context of his opposition to abortion rights, and if the hearings provided any serious insight at all into the nominee's intentions, it was that he has never changed his early convictions on that point. The judge — who long maintained that Roe v. Wade should be overturned — ignored all the efforts by the Judiciary Committee's chairman, Arlen Specter, to get him to provide some cover for pro-choice senators who wanted to support the nomination. As it stands, it is indefensible for Mr. Specter or any other senator who has promised constituents to protect a woman's right to an abortion to turn around and hand Judge Alito a potent vote to undermine or even end it.

But portraying the Alito nomination as just another volley in the culture wars vastly underestimates its significance. The judge's record strongly suggests that he is an eager lieutenant in the ranks of the conservative theorists who ignore our system of checks and balances, elevating the presidency over everything else. He has expressed little enthusiasm for restrictions on presidential power and has espoused the peculiar argument that a president's intent in signing a bill is just as important as the intent of Congress in writing it. This would be worrisome at any time, but it takes on far more significance now, when the Bush administration seems determined to use the cover of the "war on terror" and presidential privilege to ignore every restraint, from the Constitution to Congressional demands for information.

There was nothing that Judge Alito said in his hearings that gave any comfort to those of us who wonder whether the new Roberts court will follow precedent and continue to affirm, for instance, that a man the president labels an "unlawful enemy combatant" has the basic right to challenge the government's ability to hold him in detention forever without explanation. His much-quoted statement that the president is not above the law is meaningless unless he also believes that the law requires the chief executive to defer to Congress and the courts.

Judge Alito's refusal to even pretend to sound like a moderate was telling because it would have cost him so little. Chief Justice John Roberts Jr., who was far more skillful at appearing mainstream at the hearings, has already given indications that whatever he said about the limits of executive power when he was questioned by the Senate has little practical impact on how he will rule now that he has a lifetime appointment.

Senate Democrats, who presented a united front against the nomination of Judge Alito in the Judiciary Committee, seem unwilling to risk the public criticism that might come with a filibuster — particularly since there is very little chance it would work. Judge Alito's supporters would almost certainly be able to muster the 60 senators necessary to put the nomination to a final vote.

A filibuster is a radical tool. It's easy to see why Democrats are frightened of it. But from our perspective, there are some things far more frightening. One of them is Samuel Alito on the Supreme Court.






Senators in Need of a Spine

Updated On: 1/30/06 at 09:37 AM

[Pinguin]

Posted: 1/26/06 at 11:20am

IT'S NOT GONNA HAPPEN. Two Democrats have already stated their opposition to a filibuster and put their support to Alito and made statements about how bad it would be for Congress to stop what it's doing and filibuster -the public does not seem to be behind a filibuster, making it way too dangerous for the senators, who are accountable to voters.

[wexy]

Posted: 1/26/06 at 11:39am

I'm sure it won't happen and we will be stuck with Roberts and Alito for a long time.

[touchmeinthemorning]

Posted: 1/26/06 at 2:24pm

If there ever was a time to filibuster, it would be now.

[brdlwyr]

Posted: 1/26/06 at 2:28pm

This confirmation is seriously making me depressed.

[wexy]

Posted: 1/26/06 at 4:14pm

Breaking News on CNN:

Kerry is calling for a fillibuster

[brdlwyr]

Posted: 1/26/06 at 4:18pm

I am confused by the headline, a Senator does not call for a filibuster he or she does not give up the floor.

[PalJoey]

Posted: 1/26/06 at 4:26pm

From Kos:

Senator John Kerry Calls For A Filibuster
by georgia10
Thu Jan 26, 2006 at 02:19:14 PM PDT

Senator Kerry has officially called for a filibuster of Samuel Alito the Supreme Court. CNN reports the Senator will be making a statement shortly.

Three Democrats (Nelson, Johnson and Byrd) will vote for Alito. Senators Landrieu and Salazar have stated their opposition to a filibuster, and Senator Feinstein, if you'll recall, was also hesitant.

41 votes are needed to sustain a filibuster. CNN's congressional correspondent reports Kerry is calling on party and internet activists to support the filibuster. "I can't do this alone," he's telling them.

[PalJoey]

Posted: 1/26/06 at 4:28pm

The spirit of Jimmy Stewart lives on!

[PalJoey]

Posted: 1/26/06 at 4:33pm

There are 44 Democrats and 1 Independent: Jim Jeffords. All it takes to sustain a filibuster is 41 senators.

Nelson, Johnson and Byrd are voting for Alito. Senators Landrieu and Salazar have said they oppose filibuster. Feinstein was on the fence

If Feinstein and all the others go along with it, by my count, they have 40 votes--ONLY ONE SHORT.

[brdlwyr]

Posted: 1/26/06 at 4:39pm

Sorry, PJ - he will not make it. I am ashamed of Bryd. Nelson is a Republican. We would have a better shot at getting Hagel.

I cannot believe that Snowe and Collins are voting for Alito.

[Gothampc]

Posted: 1/26/06 at 4:42pm

Kerry is a fool.

Only 60 votes to end filibuster.

55 Republican Senators
Nelson
Johnson
Byrd

Said they oppose:
Landrieu
Salazar
Feinstein "Mrs. Feinstein said a filibuster against Judge Alito would be an abuse of the parliamentary tool."

[PalJoey]

Posted: 1/26/06 at 4:46pm

There are 44 Democrats who have said they will vote against Alito.

8 of them are opposed to filibuster. If 5 of them can be persuaded to change their minds, there is a filibuster.

Additionally, there are 4 moderate Republicans who have NOT YET announced support for Alito: Lincoln Chafee, Susan Collins, Olympia Snowe, and Ted Stevens. They are wildcards.

Updated On: 1/26/06 at 04:46 PM

[Gothampc]

Posted: 1/26/06 at 4:51pm

You can add Lieberman to the list of those who won't filibuster.

Additionally, Kerry is in Switzerland. Can anyone take him seriously?

[PalJoey]

Posted: 1/26/06 at 4:52pm

LIEBERMAN (of all people!) reportedly will support filibuster!

Here's the CNN article:

--

Sen. Kerry calls for filibuster of Alito

Unclear if Massachusetts Democrat has votes needed to block nominee

Thursday, January 26, 2006; Posted: 4:23 p.m. EST (21:23 GMT)

WASHINGTON (CNN) -- Sen. John Kerry has decided to support a filibuster to block the nomination of Judge Samuel Alito to the Supreme Court, CNN's Congressional Correspondent Ed Henry reported Thursday.

Kerry, in Davos, Switzerland, to attend the World Economic Forum, was marshaling support in phone calls during the day, Henry said.

He announced his decision Wednesday to a group of Democratic senators, urging they join him, Henry said. Kerry also has the support of his fellow Massachusetts senator, Democrat Edward Kennedy.

Some senior Democrats said they are worried that the move could backfire.

Republicans need 60 votes to overturn a filibuster.

Senior White House officials said the move makes the Democrats look bad, and Republicans already have enough votes to overcome any filibuster attempt.

Updated On: 1/26/06 at 04:52 PM

[brdlwyr]

Posted: 1/26/06 at 4:54pm

How can the move backfire? When Roe is overturned and the women in Ohio wake up - Kerry can say, "I told you so."

[PalJoey]

Posted: 1/26/06 at 4:55pm

OKAY, EVERYBODY--CALL YOUR SENATORS! THE NUMBERS ARE AT THE LINK!

(Goth--please ignore this post.)
Senators of the 109th Congress

[PalJoey]

Posted: 1/26/06 at 5:07pm

Now Salazar reportedly is RECONSIDERING.

[Gothampc]

Posted: 1/26/06 at 5:09pm

The seven Democrat Gang members of the 14 pledged not to filibuster judicial nominees, except under “extraordinary circumstances.”

These are the seven who would be committing suicide if they voted for filibuster:

Joseph I. Lieberman
Robert C. Byrd
E. Benjamin Nelson
Mary Landrieu
Daniel Inouye
Mark Pryor
Ken Salazar

[YouWantitWhen????]

Posted: 1/26/06 at 5:13pm

Done.

I am sure Boxer would support it.

Feinstein needs to reconsider.

[YouWantitWhen????]

Posted: 1/26/06 at 5:14pm

Perhaps some view permitted Alito to be placed on the Supreme Court, in O'Conner's seat, as extraordinary circumstances.

[PalJoey]

Posted: 1/26/06 at 5:21pm

Well maybe some of the Gang will decide that a lifetime appointment to the Supreme Court of an ultra-right-wing judicial activist who lied to Congress is pretty damn extraordinary.

Even if it fails, I'm glad they're doing what they can.

I just called Hillary and told her office that if she fails to support the filibuster, she will no longer be worthy of my support, and I would neither support her candidacy for president or for reelection as senator.

[PalJoey]

Posted: 1/26/06 at 10:55pm

Just click on the link below.

It takes less than the time it takes to send a PM.

Thanks,
yr pal, Joey

===

Fax to Filibuster!

Take Action On This Issue

This is it! Senator John Kerry today called on his Senate colleagues to help him defeat the Alito nomination with a filibuster. If Sen. Kerry’s effort fails, Alito will be confirmed and help shape our laws for decades.

We’ve identified key senators who could provide critical support to the filibuster effort – and they all need to hear the same message from you:

“FILIBUSTER ALITO!”

Take Action

Message Recipients

Obama, Barack (Democrat) - United States Senate, IL

Dodd, Christopher (Democrat) - United States Senate, CT

Lieberman, Joseph (Democrat) - United States Senate, CT

Biden, Joseph (Democrat) - United States Senate, DE

Durbin, Richard (Democrat) - United States Senate, IL

Bayh, Evan (Democrat) - United States Senate, IN

Snowe, Olympia (Republican) - United States Senate, ME

Reid, Harry (Democrat) - United States Senate, NV

Schumer, Charles (Democrat) - United States Senate, NY

Clinton, Hillary (Democrat) - United States Senate, NY

Chafee, Lincoln (Republican) - United States Senate, RI

Feingold, Russell (Democrat) - United States Senate, WI

Fax to Filibuster!: Take Action On This Issue

Updated On: 1/26/06 at 10:55 PM

[doodlenyc]

Posted: 1/27/06 at 10:03am

bump...

Thanks PJ, as always, for getting the word out here.

If there was ever a reason to filibuster, this is it!

Those who oppose Alito and dont filibuster are cowards who are only trying to hold their seats...

IMO

[papalovesmambo]

Posted: 1/27/06 at 2:34pm

no filibuster this time.
reid says not enough votes