It's Beginning to Look a Little Like...FILIBUSTER!

[PalJoey]

Posted: 1/19/06 at 3:45pm

Democratic Senator Ken Salazar of Colorado announced today:

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I will vote against the confirmation of Judge Samuel Alito to the United States Supreme Court. I am convinced, based upon a very careful review of his record, that Judge Alito will move the Supreme Court outside the mainstream of American law. Judge Alito’s judicial philosophy will expand Executive power too far, hurt the checks and balances built into our Constitution to protect us all, and roll back important civil rights protections that were achieved in our country through the sacrifices of many.

My decision to vote against Judge Alito contrasts sharply with my decision to support John Roberts as Chief Justice of the United States.

Here is why I conclude that Judge Alito is the wrong person for this seat on this Court at this time in our Nation’s history:

* Judge Alito would place too much power in the hands of the President of the United States, at the cost of the protective system of checks and balances built into our Constitution. For example, in 2000 Judge Alito gave a speech to the Federalist Society that extolled the virtues of the unitary executive branch. This theory would expand significantly the powers of the President to control agencies and other government institutions. It would destroy an important system of checks and balances within the Executive Branch.

* Judge Alito would close Nation’s courthouses to the weakest and poorest among us. In Sheridan v. E.I. DuPont de Nemours, Judge Alito registered the lone dissent among 13 judges, voting to prevent a woman who had presented evidence of employment gender discrimination from going to trial. In PIRG of New Jersey, Judge Alito denied access to the courts for environmental plaintiffs who had won in the lower court. In Doe v. Groody, Judge Alito would have upheld the strip search of a 10 year old girl. In Riley, Judge Alito rejected claims of an African American defendant, and was later overturned by the entire court, in a case where the conviction by an all white jury was improper because black jurors had been impermissibly prevented from jury service.

* Judge Alito would reverse our progress on the laws that promote diversity in our country. Justice O’Connor was the deciding vote in the Grutter case, the 2003 decision that affirmed that diversity is a compelling state interest justifying an admissions process that builds a diverse student body. Justice Alito is very unlikely to agree with Justice O’Connor on this issue, imperiling a decision I believe to be vitally important to the future of our country.

For these reasons, I will vote against the confirmation of Judge Alito to replace Justice Sandra Day O’Connor on the United States Supreme Court.

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Updated: Salazar will vote "No", not ruling out filibuster

[PalJoey]

Posted: 1/19/06 at 3:45pm

So far only 1 Democrat, Ben Nelson of Nebraska, has said he will vote yes on Alito. All it takes to filbuster is 41 votes.

Don't believe the media when they say Alito is a lock.

Don't believe the whiners who say the Democrats have no spine.

When you haven't got the majority, sometimes you have to be a little devious.

Mr. Smith ain't over until the fat man shoots himself.

[Plum]

Posted: 1/19/06 at 3:51pm

I believe the media can create self-fulfilling prophecies. I also believe there's a small chance all those who haven't spoken up yet will think long and hard and do the right thing.

Why did we fight so hard for the filibuster in the first place? So we could use it. So use it.

[PalJoey]

Posted: 1/19/06 at 4:03pm

Wouldn't it be great if they did!

Now's the time folks! If your senator is a Republican--tell him or her to vote NO on Alito. If your senator is Democrat, tell him or her to FILIBUSTER.

Bush's 3rd nominee will NOT be worse than Miers and Alito. Hiostory has shown that 3rd nominees are better than than 1 and 2.

Alito is a NIGHTMARE. Don't just complain that the Democrats have no spine: GIVE THEM SPINE!

We HAVE the filibuster. As Plum says, let's USE it!

[sweetestsiren]

Posted: 1/19/06 at 4:18pm

Is anyone else starting to think that it was actually great political strategy to nominate Miers first and have her withdraw her nomination? Now the reaction is, "It can't get any worse than that! At least this one's qualified." Or maybe they really were stupid enough to think that she's be a good candidate to replace O'Connor just because she's a woman (do they not trust that there are any actually qualified female judges out there who'd advance their agenda?).

It really irks me that the Republican party has done such a good job of demonizing the Democrats for filibustering. It's not as though they wouldn't do EXACTLY the same thing if the situation were reversed. "We don't like the rules because we happen to be in power, so let's change them!" I wonder how they'd approach that now that things seem to be shifting out of their favor.

[Plum]

Posted: 1/19/06 at 4:20pm

Of course it was their ****ing strategy. She was the sacrificial lamb- she got the pesky "women on the Court" issue out of the way and opened a path for any right-wing white male extremist who knows his con law to get the job.
Updated On: 1/19/06 at 04:20 PM

[YouWantitWhen????]

Posted: 1/19/06 at 4:52pm

I still think the Dems are too afraid to Filibuster - but I would support them if they do.

I just think Alito is too far to the right - he makes Roberts look moderate.

And the whole imperial Presidency issue - pretty damn scary, especially if Alito thinks the power is inherent in the Executive Branch.

[PalJoey]

Posted: 1/19/06 at 5:00pm

Too afraid, huh?

YWIW--you can't imagine what's going on in the BACKROOMS of Washington this week.

And I'm not talking about what closeted Republicans are doing with Jeff Gannon!

As of today, courtesy of Kos, by their public utterences:

Dems voting "No"
Baucus (MT)
Durbin (IL)
Feinstein (CA)
Harkin (IA)
Kennedy (MA)
Leahy (VT)
Mikulski (MD)
Salazar (CO)

Dems leaning "No"
Nelson (FL)

Dems voting "Yes"
Nelson (NE)

GOoPers voting "No"
None yet.

[YouWantitWhen????]

Posted: 1/19/06 at 5:34pm

Nelson is more Republican than many Republicans.

He should just switch parties and get it over with.

[PalJoey]

Posted: 1/19/06 at 5:49pm

All we need is 41 and it's Jimmy Stewart time!

Here's a handy way to STOP ALITO through SavetheCourt.org!
STOP ALITO

[Plum]

Posted: 1/19/06 at 5:54pm

Kennedy, Leahy, Feinstein...we need to move beyond the old war horses. Hopefully some people are just keeping their opinions quiet for now.

PJ, damn you, this once you're actually succeeding in raising my hopes a little bit. I've already mailed my Senators, but what can you really do with Specter and Santorum?

[PalJoey]

Posted: 1/19/06 at 5:57pm

Two things:

1. Watch Mr Smith Goes to Washington tonight and

2. Work toward FILIBUSTER!

[caitiesus1522]

Posted: 1/19/06 at 6:57pm

"Don't believe the media when they say Alito is a lock.

Don't believe the whiners who say the Democrats have no spine.

When you haven't got the majority, sometimes you have to be a little devious.

Mr. Smith ain't over until the fat man shoots himself. "

AMEN!!

I am all for a filibuster I hope it happens and if it does I will be watching on CSPAN

[PalJoey]

Posted: 1/20/06 at 5:37pm

There are 44 Democrats and 1 Independent: Jim Jeffords. Only 1 so far is voting for Alito.

All it takes to sustain a filibuster is 41 senators.

Have you written yours yet?