January 19, 2006

Trivial Pursuits? I know it's not as important as, say, the Washington Post ombudsman deciding not to respond to LGF-style spamming from lefty bloggers, but it appears the battle may finally be joined in the Alito nomination:
A procession of Democratic senators, including two who supported the confirmation of Chief Justice John G. Roberts Jr., said yesterday that they will oppose the nomination of Judge Samuel A. Alito Jr. to the Supreme Court. They warned that he would not provide a judicial check against the expansion of presidential power or be properly vigilant about protecting the rights of ordinary Americans.

The mounting Democratic opposition underscored the sharp partisan divide that has developed over Alito's nomination, after Roberts was confirmed with 78 votes and solid bipartisan support. But although Democrats appear increasingly united in their opposition to Alito, they remain divided over whether to pursue a filibuster against the nomination.

A filibuster is increasingly less likely, Democratic strategists say, despite pressure from some liberal interest groups for Democrats to keep the option alive. But Democrats are more united in their desire to seek an extended floor debate over Alito -- even as they acknowledge that his confirmation is virtually assured -- because they believe polling shows that the more the American people learn about Alito's record and writings on civil liberties and other subjects, the more they will oppose his addition to the high court.

The newly announced opponents included Sen. Edward M. Kennedy (Mass.); Sen. Patrick J. Leahy (Vt.), the ranking Democrat on the Judiciary Committee; Sen. Richard J. Durbin (Ill.), the Democratic whip; and Sen. Ken Salazar (Colo.). Leahy and Salazar had voted in favor of Roberts. On Wednesday, Sen. Max Baucus (Mont.), another Roberts backer, said he will oppose Alito.
Baucus' opposition is a pleasant surprise, indicating that it will be very hard for Strip Search Sammy to reach 60 votes. Regardless of what anyone is saying now, once a filibuster (or, shall I say, "extended floor debate") is started on the Senate floor, all bets are off. No Democrat is going to want to be the one who effectively ends Choice by voting for cloture.

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