January 12, 2006

Forget what anyone is saying right now about the chances of a filibuster over the Alito nomination. They are mainly commenting on whether a filibuster has a chance of success, which isn't the same thing as actually attempting one; once it gets started, with the debate centering on the nominee's membership in a white supremacist group, as well as his more recent lying about same, it will take on a momentum of its own. Even Democrats like Nelson and Baucus will have to take a stand when the time comes.

In any event, Lieberman's announcement this morning that a filibuster is definitely in play for him is far more important. It was the then-rookie Senator's decision to renounce a filibuster, while at the same time publicly opposing the nominee, that allowed the Thomas nomination to squeak through fifteen years ago. Without Lieberman, it becomes a lot harder to find at least five Democrats (and that's assuming the GOP can hold all of its caucus) to vote for cloture.

In spite of what may have transpired at the hearings (which it is safe to say that no one watched), I think Alito is in worse shape than Clarence Thomas was in 1991 at the same point in time.

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