The anger is understandable and warranted...

[kentuck]

And many of the Democrats in the Congress and Senate are just as angry as some here at DU. They have the same doubts and fears about the direction of our country. But they do not know what to do. Yes, they would like to filibuster, but they don't know if they have enough votes to even do that. If they take their anger to the floor of the Senate and try to filibuster the nomination of Alito and the Repubs call for a vote to shut off debate, they have to get 41 votes or the debate ceases. Period. That is the way it works.

But there are 45 Democrats? Why can't we get 41 of them to unite on such an important issue as the nomination of a right-wing judge that will work to change the laws that affect every American? Are we in such disarray as a Party that we cannot unanimously agree on anything? These are some serious questions that our Party needs to address.

How did we get to this point? I have my theories as does everyone else. There is no need to re-hash them here. We are where we are. What do we do about it?

[TallahasseeGrannie]

1. Here's a question

for you folks who know this kind of stuff. Do the Dems ever get together and meet to make decisions about this kind of stuff? Or do they just rely on aids, etc., and work in a vacuum?

[CornField]

2. The Democratic Caucus will be meeting to discuss the nomination

I'm not sure of the date and/or time, but I've heard several say they will be meeting to discuss it.

[kentuck]

3. I think it's a leadership responsibility...

to know where the members are on the issues - especially the important issues such as the nomination of Supreme Court judges. But, who's to say they do not know where they stand and where they stand is not with the rest of us??

[Speed8098]

7. "But, who's to say"

That's exactly the question.

It amazes me that I'm not hearing a unified statement from our leaders that we WILL NOT TOLERATE a man like this as a LIFETIME Justice.

:shrug:

I honestly don't get it. What are they afraid of?

[Toots]

14. Who is the Democratic Whip or does the Senate have such a thing?

:shrug:

[kentuck]

15. Dick Durbin, I think?

I could be wrong.

[bryant69]

4. You also need to factor in the Nuclear Option

which would certainly be triggered if they filibustered. They could probably get 41 to filibuster through party unity. But Olympia Snow (one of the Gang of 14) has already indicated that these are not extrodinary circumstances, and I suspect other Republicans will follow suit.

I don't know what to do about it; I think we botched the debate over this nomination. A failed filibuster right now, I don't know what that would get us.

A successful filibuster I would support 100%, but i don't like the odds.

Bryant
Check it out --> http://politicalcomment.blogspot.com

[kentuck]

6. Why not force the Repubs to go to the "nuclear option"??

If he is going to be confirmed anyway ? Why not force the Repubs into pulling the trigger? That is a radical departure that would put an asterisk beside the name of Alito forever.

[bryant69]

12. Because once you pull the nuclear option

The filibuster is gone; probably forever. That might not be a bad thing, in all honesty, but it isn't something to be done lightly, in my mind.

[DoYouEverWonder]

9. If the DEMS don't shut it down now

then we will have been nuked anyway.

If they can not derail this nomination, then we should just shut down Congress and let BushCo and the military take over now.

[TallahasseeGrannie]

10. The nuclear option

could do some nice things for Dems in the longrun, when we are trying to get our own appointees confirmed.

[CornField]

11. The nuclear option won't be used. Why?

The current court:

Stevens - 1920 (86)
O'Connor - 1930 (75)
Ginsburg - 1933 (73)
Scalia - 1936 (70)
Kennedy - 1936 (70)
Breyer - 1938 (68)
Souter - 1939 (67)
Thomas - 1948 (58)
Roberts - 1955 (51)

There are at least two other justices poised to either pass from natural causes or retire. That's why the nuclear option won't be used -- the republicans know it would come back to bite them in the ass.

[FloridaPat]

18. A failed fitibuster is different from doing nothing in what way?

[bryant69]

21. If they pull the nuclear option it is different in that we cannot

filibuster in the future.

[kentuck]

22. If they have that over our heads ...

we can never filibuster anyway??? I don't understand.... does not compute. :)

[FloridaPat]

23. That's if they get away with the nuclear option. Now if they try it

and the Democrats had a good media campaign and strong speakers about corrupting the Consitution - yeah right just forget it.

A thought though. Al Gore is speaking Monday about the Constitutional crisis. The Democrats are meeting Wednesday about Alito. Maybe there's a connection. We really need an opposition party quick.

[leeroysphitz]

24. "We really need an opposition party quick." lol...

Um we've needed one since around this time in, um I don't know..., 2000.

[shaniqua6392]

5. The least they can do for us

is to vote NO on Alito. There is no unity with them. Some of them will vote yes and some will vote no. It is obvious we can not really filibuster this idiot. But Alito will NOT be a good thing on the SC. Vote NO!!!

[tularetom]

8. You know a couple of DINO's will bail

so why don't they concentrate on getiing some of the "moderate" repubs to vote no? These people were all elected partially because they loudly proclaimed themselves pro choice, and they'll never have a better opportunity than to prove it. Their constituents should be bombarding them with correspondence urging them to put principle above party and vote down this smug little twerp. Yhe threat of a primary challenge wouldn't hurt either.

[soupkitchen]

13. I would have thought Supreme Court Justices should have good memories

The moment he pulled the "I don't remember" routine on the right wing Princeton association he belonged to the Senators should have been all over to find out if there is some neurological problem here, early alzheimer's or something.
He's had weeks to prepare for this hearing, has known this question has been coming for the longest time and then can't remember the group he claimed membership in when he wanted a job in the Reagan administration
You know you start attacking a person's honesty in one of these sham hearings and all the other liars will come to his defense like a mother bear to her cubs, but start questioning his mental capacity, start requesting medical records, cat scans and such, and the other Senator's aren't going near it with a ten foot pole.
For "I don't remember" as an answer for something he very well should remember can be legitimately viewed as tactically evasive, or indicative of deeper medical problems.
And such an approach, I think, would eliminate the convenient "I don't remember" from any future Supreme Court hearings.

[KharmaTrain]

16. Some Folks Here Aren't Very Good Poker & Chess Players

Kentuck...remember, up to this point, the game has been almost entirely in the Repugnican hands. Not only did they set the agenda for this dog and pony show, but they had the corporate media all "talking pointed" up in advance. The Committee Democrats never stood a chance as we saw, cause when they were "light" on ScAlito, the corporate media said Democrats were giving in, while when the questioning got tough, then it was "evil Democrats". Letting this game go on and making a further mess of it would have played right into the Repugnican playbook.

Now the committee votes and a new game begins. I suspect we'll get a 10-8 party line vote here and this sets up not just a fillibuster of ScAlito, but his possible downfall. Repugnicans are very good at overstating their position...especially of late. Their radars, as is their touch with the people and reality, is out of whack and there's only so much they can control.

Now ScAlito's record is completely on the table. Questions were raised that still haven't been answered and many people are starting to wake up to that fact. Already Op-Eds and varous interest groups are ready to put the pressure on Democrats and moderate repugnicans to think real hard before they make a vote on this one. I would suggest people like Ben Nelson might surprise you. Ben currently has a 70% approval rating and doesn't look as vulnerable as he did several months ago. Again the pressure here will be on the moderate Repugnicans...many of whom are in blue or leaning-blue states...and in this year of Repugnican scandals and an unpopular regime that will be a major boat anchor come November, they're gonna look for ways to defer this decision as long as possible...thus you might be surprised about how things line up for the support for a fillibuster. Plus surely the phones and mail at virtually every Democratic Senator must be going haywire now with overwhelming demands to hold firm on this bastard.

Harry Reid is taking measure right now. There's still several days before the Committee votes to confirm...and then he gets his chance when the ball bounces to the entire Senate. As he's shown before, he is a master of parlimentary rules and has found ways to derail and delay Repunican juggernauts before. He's had months to study the situation and I'm sure he's been expecting what's played out so far. I've also noticed my emails from move-on and other big money organizations have been quiet the past few days...call it the lull before the storm.

Right now letting the corporate media send out the message that ScAlito is all but a shoe-in could be the best thing we could ask for. There's not much upside for this dude to go is there...and the game sure isn't over yet. This regime is hurrying this nomination through for good reason...they know the clock ticks against them and if they can't push this through now, they may never have another chance for decades.

Yes, David Gergen is correct, the Repunicans are on the threshold of their greatest victory in 40 years...but they're also on the precipise of their greatest defeats and destruction as well. Hopefully Senator Reid has this factored in.

Cheers...

[kentuck]

17. I hope they have the courage to filibuster ...

and to force the hands of the Republicans. If they go the nuclear option, the Democrats can restore the filibuster rules when they win back the Senate, that is, if they wanted to ....

[KharmaTrain]

20. Through The Looking Glass, My Friend

The courage is there, but why show the hand yet and give the Repugnicans and their corporate media toadies a head start?

Remember, the Senate now has to debate this nominee. This will be one more major forum where all of ScAlito's dirty laundry and his activist agenda will be spelled out chapter and verse. Not by 8 Senators, but 40! There haven't been words on this issue by folks like Senator Byrd or even Liebermann (if you've been reading his comments he's not liking this nominee one bit) that could open a door that solidifies all the Democrats. Again, I point to the impeachment model...it was a crucial vote that was fundamental to the party's very soul...as will be this vote. There wasn't a single Democrat who voted to convict and this put the pressure on the Repugnicans...who while they had the majority, needed the 55 to convict and couldn't swing their moderates over.

Reid can manuever these people into that same difficult situation if he uses the filibuster carefully or comes up with some other manuever that puts a lot of pressure on the Chaffees and DeWines and others. A cloture vote will be crossing the rubicon here and the concept of a "gang of 14" will be of no significance.

Yes, the Repugnicans better be careful about some of the damage they're doing as they could find themselves on the outside for a long time with their short-term, greedy antics.

[spanone]

19. The Opposition surely got 'IT' together on Harriet Miers.

They KILLED that nomination from their own fucking leader. I hope we can mount an oppostion to this lying Alito.