Charge of the Light Brigade, Part Deux
Never mind the Crimean War. Tennyson’s poem applies even more aptly to Senate Democrats, who now appear set to filibuster the nomination of Judge Samuel Alito. Even though one of the most liberal Senators in the body, Dianne Feinstein, has warned against such a politically suicidal move, it seems that Democrats simply cannot disobey the marching orders of Nan Aron and Barry Lynn. With Sen. Ben Nelson of Nebraska having said not only that the Alito nomination does not constitute extraordinary circumstances, but that he plans to vote in favor of confirmation, Republicans now have the votes to nuke the filibuster and restore the Constitution.
The 2006 election environment strongly favors the Democrats. There is continued frustration over the war in Iraq, the Abramoff scandal, and a map that favors Democrats, yet somehow the Democrats are desperately searching for a way to blow it. This just may be it.
Americans are split on whether they want Alito to be confirmed, but polls have also shown support for an up-or-down vote. A Democrat filibuster would focus the public’s attention like never before on the constitutional option. While polls showed that Americans generally opposed doing away with the filibuster of judicial nominations during last year’s fight over the constitutional option, they also showed that 2/3 Americans did not know what a filibuster was, with 2% identifying it as a baseball team. A national discussion of the issue will come down to one thing: democracy. One of the most fundamental beliefs of most Americans is the rule of the majority. Yes, there are a few high minded people who argue for enduring principles, but by and large Americans think that those who have the votes should call the shots. A Democrat filibuster would show blatant hypocrisy, especially in light of their continued whining over the 2000 election.
Since the confirmation of Alito is assured, the real question here is how Republicans would get the most mileage out of it. My preference would be to draw it out for a couple of weeks, not taking up any other business during the delay. Republicans should take the message to Florida, Maryland, Michigan, and Minnesota that they really do not want to employ the constitutional option, but that Democrats are obstructing the business of the legislature and the Supreme Court, leaving the GOP with little choice but to pull the trigger. By the end of this process, the Democrats would be regarded as sore losers and obstructionists, and the advantages that they had coming into the process would be overcome by their unprincipled and poorly thought out obedience to the far left.
Get the popcorn ready. This will be fun to watch.