Democrats behaving...well, like Democrats

While Alito schmoozes, the party snoozes.

A Stop at Senate on the Way to Court

Just hours after Senate debate opened on his nomination to the Supreme Court, Alito posed for photographs and congratulations with Majority Leader Bill Frist (Tenn.) and other senior GOP senators. Although a Senate confirmation vote is not expected until Friday at the earliest -- and possibly as late as Tuesday -- the group acted as if the result was not in doubt. Alito, an appellate judge for 15 years, thanked "all of the senators who supported me and were kind enough to meet with me."

Meanwhile, the White House renominated Brett M. Kavanaugh to the U.S. Court of Appeals for the District of Columbia Circuit. President Bush nominated Kavanaugh, the White House staff secretary, in July 2003, but he fell victim to intense battles between Senate Democrats and Republicans over numerous judicial appointments. A May 2005 bipartisan pact averted a showdown over judicial filibusters and enabled some contested nominees to win confirmation. But it left Kavanaugh in limbo.

Kavanaugh was not, as I recall, explicitly mentioned in the agreement made by the so-called “gang of fourteen,” so it could be argued that his re-nomination is not a breach of the agreement. That notwithstanding, Senate Democrats need to call it what it is: an act of bad faith on the part of the Republicans that clearly violates the spirit of the filibuster accord. It should also, once again, prove that it makes no difference how hard you try to work with the GOP; they will screw you anyway.

The Democrats need to filibuster Alito and take their lumps. Otherwise, all they did by avoiding the “nuclear option” was nuke themselves pre-emptively.

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