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.Gee, looking and sounding like obstructionists for no good reason is a pretty damn good reason that Democrats are looking to do everything but filibuster Alito. Smearing and sliming him didn't work. They don't have the votes to filibuster, nor is there a good reason to filibuster except to say that the Democrats hate the fact that Bush got to pick yet another candidate for the High Court. That ruffles the feathers at places like the New York Times, which can't stand that the last bastions of Leftist thought are thoroughly under seige and falling to moderate and conservative candidates.
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.
Nominating and getting your nominations onto the Supreme Court comes with winning the Presidential elections. If you can't put together a policy and political party that speaks to more than just the coastal and big media elites, you're going to be resigned to sitting on the sidelines and bloviating on how you want the remaining opponents to the President to simply stand their and hold their breath til they're blue in the face or pass out.
That's the strategy urged by the New York Times.
UPDATE:
Polipundit did the math on whether Democrats could manage a filibuster. Short answer is no. The longer answer is still no. They simply don't have the votes or the guts to filibuster on Alito because it could bite them seriously in the 2006 elections (and potentially into 2008).
UPDATE:
According to the flashing light at Drudge, Sen. Kerry is calling for a filibuster of Sam Alito. Apparently Kerry must have read the Times column today to take some kind of meaningless action to oppose Alito. Too bad he can't count, as the number of Democrats who have come out in support of Alito have grown. Political Cortex has confirmed that Kerry's office is seeking to initiate a filibuster.
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