Walter Shapiro's view on the filibuster

[Mass]

My initial reading of this article was bad as he says that the filibuster will not be useful as it was started too late.

However, I tend to agree with him partly. What were all these Democrats in the leadership and the Senate Judiciary Committee waiting for. Forget what may seem like an attack on Kerry and those pushing the filibuster. The fact is that the simple fact that Kerry had to lead this filibuster is a perfect sign that the Democrats in the Senate screw up.

http://www.salon.com/opinion/feature/2006/01/27/filibuster/

The filibuster fiasco

If they had geared up from the start to stop Alito, the Dems might have at least won a political battle. Now they'll lose both ways.

By Walter Shapiro

...

I am not a political strategist nor do I aspire to play one on talking-head TV. But as idealistic anti-Alito liberals rush off to sign petitions and phone their senators, I feel compelled to point out that some of the end-game moves in Washington have been motivated by (ssshhh!) self-interest. In hindsight, the battle was effectively over after the first day of the Senate hearings when the criminally verbose Judiciary Committee Democrats failed to sustain a clear and consistent anti-Alito argument with all those cable networks broadcasting live. When politicians and interest-group leaders know that they are going to lose, they automatically retreat to a can-I-get-anything-out-of-the-wreckage calculus. So moderate senators from red states like South Dakota's Tim Johnson decide that they can buttress their independent credentials with home-state conservatives by supporting Alito, since the outcome would be the same no matter how he voted. Groups like People for the American Way realize that shrill calls for a filibuster might preserve their fundraising base even if their years of urgent appeals to prevent a right-wing Supreme Court takeover failed to change a single Senate vote. And Kerry -- whose late entry into the anti-Alito fray can be partly excused by his not serving on the Judiciary Committee -- is also aware that such dramatic gestures help him maintain an up-to-date, ready-for-'08 e-mail list of Democratic activists.

An intriguing question, if one entirely theoretical at this point, is what might have happened if Senate liberals had decided at the outset that they would use the filibuster to prevent the Alito-for-O'Connor seat swap. For Alito was the be-all-and-end-all Supreme Court nominee -- the moment to put aside wait-until-next-year caution. The odds on such a filibuster still would have been long, but at least there would have been a glimmer of coherence to a get-40-votes opposition strategy. Yes, Republican senators might have succeeded in employing the "nuclear option" (outlawing by a majority vote all filibusters against judicial nominees), but if a Democrat were elected president in 2008, that would have turned out to be a short-sighted GOP ploy. Instead, Alito opponents are now left with plenty of nothing. Even if there are future vacancies during the Bush era, Democrats are sufficiently demoralized that they would probably join in approving John Ashcroft to the Supreme Court on a voice vote.

...

[WildEyedLiberal]

1. It speaks volumes about the failure of Dem leadership

IMO Kerry knew that Alito NEEDED filibustered but was hoping Reid or someone on the Judiciary committee would lead the charge. When none of them stepped up, he had to, which proves his courage and principles. However, it IS sad that he had to do it in the first place, because it speaks to the LACK of courage and principles among the rest of the caucus.

[wisteria]

2. I always thought it was strange that Reid didn't come out strong

against Alito and our committee seems to just be going through the motions- except for Kennedy. I wonder if they decided to make a deal and not raise to much of a commotion over this nomination-seeing that we are waffling on Abortion rights as a party and the repubs made this nomination all about that.
I am really discussed that no one seems to be giving Kerry any support and are making a joke about this. It shows how much they care about our opinions doesn't it.
I still think what Kerry has done is exceptional,he stood up for the people on this, but they don't care. Apparently, they think they can will this year by being Repub lites.

I am discussed with the media for how they played this up, I am mad at our leadership for not a least supporting the goodness of the effort and placing all the emphasis on winning only.
It is obvious, we may be great in numbers, but we are treated no better than Dean. Our party is not about us, it is about them. Excuse me, but f*ck them all. They are worthless and deserve to be the minority party.

[TayTay]

3. This has to play out in a lot of ways.

Give it time. I don't think Walter Shapiro is entirely right in this. I don't think this is a loss for the Democrats. The divisions he notes were there before this action. Sen. Kerry didn't do anything that changes a single thing for Tim Johnson in SD. (I think Johnson would have voted that way right from the get-go.)

We have talked about the 'civil war' within the Democratic Party many times. (It's been there for years after all.) On the one hand, we have all those Dems who think they will win if they are Republican-lite. That is the DLC side that wants to emphasize the technocratic things, like balanced budgets and efficient trade agreements and so forth. They really believe that this is what got Bill Clinton his 'astounding' 43% of the vote in 1992. The problem is that Clinton has no lasting legacy for other Democrats. Bush came in, blew the hell out of Clinton's balanced budget and his balanced foreign policy and there is nothing left from the Clinton years. Nothing.

The Democrats have to stand for something. They have to start to reconnect with their voters. The vote on Alito is a chance for at least some Democrats to stand up and do that. I don't care if the MSM snarks because that's all they ever do, snark over Democrats. But this is a very good step in the right direction. We do stand for the Constitution, for the rights of the 'little guy' to have his/her day in court and for limits on Executive branch power. (And a lot more.)

I wish the Judicary Comm hearings had gone better and that the grassroots had been enlisted in some way to help. We have to take that lesson and go forward with it. So, give this some time. The fallout will take a while to sort out.

[karynnj]

4. Also, the Democrats are taking the issue of privacy

which was probably more Libertarian years ago. Kerry in his speech today cited serval violations of privacy that Alito would ok - from the mega issue of domestic spying to the case Kerry cited where Alito felt there was no assumption of privacy in hotel rooms. Kerry has often brought up the data mining, accumulation of personal records that can be sold without your real knowledge at least since last year. (Likely before - but I wasn't watching.)

With other Democrats, such as Feingold - other privacy issues include the Patriot Act.

Oddly, the Republicans, who always talked small govbernment, risk looking like a real life Big Brother. Not a popular image.