Losing the Next Alito Fight

I've been meaning to blog about what we should in the event of a new Supreme Court opening.  I wrote a prescription for what the anti-Alito forces could have done better.  I know it was forwarded around to various leaders, but apparently these leaders have learned very little.  A very key piece of winning these fights is an enforcement arm.  With a close filibuster vote for a SCOTUS nominee, you have to be able be able to bring unbearable pressure on individual Senators.  They just have to know that the easy vote has costs.  And this is why NARAL and Planned Parenthood's decision to let Lieberman off the hook is just so craven.  It's a choice now to lose later.

In allowing Senator Lieberman to not filibuster Alito and still backing him for his reelection campaign against a reliably progressive candidate, the leaders of NARAL and Planned Parenthood have decided to throw away their political capital.  Jane Hamsher is correct to point out what a horrifically bad decision this is.  I can only add that the move to endorse Lieberman comes from a very top-down DC mindset, where a conservative status quo is preferable to admitting error or engaging in institutional change.

Let me explain how the fight will go down to replace Stevens now that NARAL and Planned Parenthood (and HRC) have chosen access over power as their method of engaging in politics.

Bush will nominate a new right-winger, one with extremist views similar to Alito.  These views may or may not be obviously on display, and this person may or may not be corrupt.  It will not matter.  During the fight, these groups will put out their press releases and maybe even run a few ads in Arkansas and Louisiana (whose Democratic Governor just signed an abortion ban, fyi).  They will get meetings with various Senators, since of course they have good relationships with incumbents.  These groups will make their case, and Senators will thank them and say they need to make the right decision for their constituents, it's very difficult, etc.  And Barbara Boxer and Ted Kennedy will do press conferences with Cecile Richards and Nancy Keenan, and John Kerry and Hillary Clinton may call for a filibuster in a high-profile fashion, spurring headlines from CNN and handwringing on Fox News about how Democrats are extremists and split on obstructionist policies.

But at the end of the day, every Senator will know that the guns on the progressive side are not loaded and they can vote against women's rights and pay no price.  That's the message that NARAL and Planned Parenthood just sent.  And the Republicans, if they are disciplined and on message, and if no third party force asserts itself, will win easily.

You see, after Alito, the groups on our someone's side had one of two choices.  In the face of utter institutional failure, they could (a) change or (b) remain the same.  And my guess, backed up by a little reporting (though not that much), is that these groups are not preparing for the next Supreme Court Justice fight.  In other words, they have settled on (b).  They aren't going to change, and they aren't going to fight for women's rights because they don't think that they can win.

But at least Time Magazine columnist Andrew Sullivan thinks that "pro-choice abortion activists [are] getting smarter about their strategy."  In case you're wondering, I took that from the NARAL website.  That's what NARAL thinks, that doing a good job means being patted on the head by conservative weirdo Andrew Sullivan.  Pathetic.

If you would like to take action, I recommend contacting NARAL and expressing displeasure or even canceling your membership. I'm sympathetic to Planned Parenthood, because they provide medical services to women all around the country. NARAL though is a lobbying shop only. If you are a NARAL member, the feedback form is here and the telephone numbers are as follows. DC: 202.973.3000 CT: 860.524.1086



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Re: Losing the Next Alito Fight (none / 0)

Of course, if Lieberman and Chafee lose, there may be some rethinking.  

The notion that one can lose strategically, make a stand and lose a battle but maybe ultimately win the war, seems foreign to these folks.


by Mimikatz on Wed Jul 12, 2006 at 12:57:00 AM EST

Re: Losing the Next Alito Fight (none / 0)

And the notion that the single-interest groups do think strategically, past the next brief period of Democratic dominance, seems foreign to blog folks.


by Canis latrans on Wed Jul 12, 2006 at 12:32:37 PM EST
[ Parent ]

Re: Losing the Next Alito Fight (none / 0)

For this particular set of single-interest groups, Democratic dominance is the thing that will help their issue along. There is NO chance that reproductive rights will move forward under a Republican majority, and no real way to stop them from sliding back.


by mjfgates on Wed Jul 12, 2006 at 01:57:29 PM EST
[ Parent ]

Re: Losing the Next Alito Fight (none / 0)

Wrong. What will help their issue along is growing public support. The reason reproductive rights are threatened is the country has not reached consensus yet on the issue.

You overestimate the importance of politicians in this matter.


by Canis latrans on Wed Jul 12, 2006 at 02:04:11 PM EST
[ Parent ]

Re: Losing the Next Alito Fight (none / 0)

And if the Dems control the Senate the thinking will also change.  No one is going to be confirmed (even if there were an opening, which at this point would have to be due to serious illness or death) until next year, after the new Senate, selected in the fall elections, is seated.  I think by then the landscape may be seriously different.  

But I agree with your main thesis that these groups threw away the only thing of value they had, namely their endorsement, basically for nothing.  It was stupid and short-sighted, even if you buy into the idea that single issue groups have to act in a sort of bipartisan way and should focus on their single issue, to endorse without requiring a vote against cloture.


by Mimikatz on Wed Jul 12, 2006 at 01:02:40 AM EST

Re: Losing the Next Alito Fight (none / 0)

And if the Dems control the Senate the thinking will also change.

Scalia and Thomas were confirmed by a Democratic Senate. And Clueless Joe Biden was chairman of the Judiciary Committee.

And don't forget that Democrats controlled the Senate in the first two years of the Bush Regime. Not only did they fail to investigate the CA energy ripoff and the Enron scam, they helped Bush pass the most odius aspects of his agenda as well as endorsing the Iraq Disaster.

That's why while hope Democrats win this year just for the hell of it,  I expect nothing will come of it except to see Bush get more BS past it than he can the current GOP Senate. And I'm therefor completely unexcited about the fall election.


With Democrats Lieberman goes for the jugular. With Republicans he goes for the lips.
by Sitkah on Wed Jul 12, 2006 at 11:10:50 AM EST
[ Parent ]

Re: Losing the Next Alito Fight (none / 0)

Lots of that changes if Lamont wins.


by Lucas O'Connor on Wed Jul 12, 2006 at 11:29:08 AM EST
[ Parent ]

Re: Losing the Next Alito Fight (none / 0)

I'm all for Lamont knocking off JoeMo, but I'll believe in him when I see results.

You see, I'm an old lifelong Democrat and have the stab wounds in my back to prove it.


With Democrats Lieberman goes for the jugular. With Republicans he goes for the lips.
by Sitkah on Wed Jul 12, 2006 at 02:26:27 PM EST
[ Parent ]

Re: Losing the Next Alito Fight (none / 0)

only thing of value they had, namely their endorsement

Only the short-sighted would buy this premise. In fact, what preserves abortion rights (for now) is not the Democratic Party, but public opinion. The Democratic Party has no influence on public opinion on abortion; NARAL does.

Unfortunately, myopic overrating of the importance of politicians is endemic to blogs.


by Canis latrans on Wed Jul 12, 2006 at 12:30:15 PM EST
[ Parent ]

Re: Losing the Next Alito Fight (none / 0)

OK, then if we're to go on your premise, NARAL is shaping public opinion in such a way as to make people believe abortion rights are safe under Republicans.  This is a dangerous distortion of reality that NARAL, according to you, isn't just complicit in but rather responsible for.


by Lucas O'Connor on Wed Jul 12, 2006 at 12:41:31 PM EST
[ Parent ]

Re: Losing the Next Alito Fight (none / 0)

Umm, no. You are taking an action - endorsement - out of context and judging it in isolation. In fact, NARAL shapes public opinion through other, more important actions unrelated to endorsements.

And, of course, if the public were 100% behind reproductive rights, those rights would be safe under either party.


by Canis latrans on Wed Jul 12, 2006 at 01:17:55 PM EST
[ Parent ]

Re: Losing the Next Alito Fight (none / 0)

There was a time when litigation preserved abortion rights.  That time is over unless there is a Dem President, or unless a Dem Senate filibusters more Bush judges.

You talk about public opinion, but it is swinging in a much more ambiguous direction.  Granted, the South Dakota fight is focusing people much more on the implications of what banning abortion really means, especially in the realm of enforcement.  But public opinion, particularly among the young, seems pretty fluid just now.


by Mimikatz on Wed Jul 12, 2006 at 02:09:43 PM EST
[ Parent ]

Re: Losing the Next Alito Fight (none / 0)

Yes, public opinion is fluid right now. That's what NARAL should be very concerned about. Maybe they should spend all their efforts there, and forget endorsements. However, that is a net loss for the Democratic Party. I don't understand why anybody here would push that.

It's true that litigation preserved those rights, but without public consensus that has always been a fragile protection.


by Canis latrans on Wed Jul 12, 2006 at 02:15:25 PM EST
[ Parent ]

Re: Losing the Next Alito Fight (none / 0)

You still haven't made any suggestion of a context in which the Lieberman endorsement is positive for NARAL's mission.  If the endorsement is unimportant, then not endorsing would at least be unimportant in the right direction.  You express confidence that these groups have a longer-term strategy beyond one election, without hinting at what you think it is, and how it's worth letting an incumbent know that he can stab NARAL in the back on the issue that (according to their fundraising letters) is the most important of this Congress without suffering any consequences.

An argument of "no, you're wrong" is vacuous.  Got anything to back it up?


by Redshift on Wed Jul 12, 2006 at 02:29:05 PM EST
[ Parent ]

Re: Losing the Next Alito Fight (none / 0)

I think I have made it pretty explicit that the long-term strategy is to shift public opinion. As long as there is no public consensus on reproductive rights, those rights are endangered. Political parties are irrelevant: their positions shift to reflect public opinion.

As far as endorsements go, single-interest groups have three options - 1) attempt to at least appear bi-partisan, 2) become strictly partisan, or 3) withdraw from endorsements. Choosing 2) sacrifices the more important goal of shifting public opinion. 3) might be a rational choice, but one that the Democratic Party should not welcome.


by Canis latrans on Wed Jul 12, 2006 at 02:36:12 PM EST
[ Parent ]

Re: Losing the Next Alito Fight (none / 0)

So why would part of their strategy towards shaping public opinion or advancing reproductive rights be to empower people which do not respect such rights?  It's all well and good if you feel endorsements are a small part of the whole, but why would you overlook a counterproductive part of the whole?


by Lucas O'Connor on Wed Jul 12, 2006 at 02:52:00 PM EST
[ Parent ]

Re: Losing the Next Alito Fight (none / 0)

Well, I think you have to look at their endorsements as a whole, not just cherry-pick the ones that leave a sour taste in your mouth. The net result is good, even if you have to swallow a couple of lemons. (Sorry about the mixed fruit metaphor.) The other options, becoming explicitly partisan, and not endorsing at all, are worse. It's a "perfect is the enemy of the good" kind of thing.


by Canis latrans on Wed Jul 12, 2006 at 02:55:46 PM EST
[ Parent ]

Re: Losing the Next Alito Fight (none / 0)

I fully agree with you that being overtly and inflexibly partisan robs these groups of their credibility.  But that doesn't mean that they're required to stop thinking tactically.  It's a bullshit proposition to accept what they do wrong because they also do things that are right.  The job of these organizations, when endorsing, is to endorse candidates who not just support the goal of protecting and advancing reproductive rights, but actually WILL be a positive force for these issues if elected.

Cause really, I don't care how pro-choice a Senator might be on other votes- if he/she won't block Alito, it doesn't much matter how they vote otherwise because it won't be a legislative issue anymore, it'll be a Constitutional issue.

It doesn't seem to me that many, if any, people on either side of the aisle in politics take the Constitution particularly seriously anymore, but we're all gonna miss it when it's gone.


by Lucas O'Connor on Wed Jul 12, 2006 at 03:08:08 PM EST
[ Parent ]

Re: Losing the Next Alito Fight (none / 0)

Even accepting, for the sake of argument, that an endorsement of Chafee is a net loss for reproductive rights at the legislative level, it has to be viewed not in isolation but in the context of retaining credibility with non-Democrats, a majority of the public. Public opinion is at least as important as particular legislators: many years ago, Senator Newlands said, "Congress never does anything except when the public has already made up its mind." (Paraphrasing, don't have the exact quote handy.) So the endorsement of Chafee can be a net gain when viewed as part of the whole.

Just on the side, thanks for the open discussion. I have seen a lot of blog venom towards single-interest groups. But those groups have been put in this position by the Republican's partisanship. I hope we can save our venom for our real enemies.


by Canis latrans on Wed Jul 12, 2006 at 03:18:15 PM EST
[ Parent ]

Re: Losing the Next Alito Fight (none / 0)

Diversity for its own sake is ignorant.  Given that the protection of reproductive rights is largely tied to which party is in the majority, it's an issue.

How much credibility can this organization really lay claim to if it's failing at its job?  Forest for the trees...


by Lucas O'Connor on Wed Jul 12, 2006 at 03:55:47 PM EST
[ Parent ]

Re: Losing the Next Alito Fight (none / 0)

Protection of reproductive rights is tied to public opinion. Party positions are a lagging indicator that track public opinion. That means that there is a correlation between protection of those rights and which party is in the majority, but the driving force is public opinion.


by Canis latrans on Wed Jul 12, 2006 at 04:07:05 PM EST
[ Parent ]

Re: Losing the Next Alito Fight (none / 0)

There's a link sure, but congress gets away with all sorts of shit, and so do states, without the public having much knowledge.  If you really want abortion to drop off the table as an issue, get politicians elected who will stop bringing it up for a vote.


by Lucas O'Connor on Wed Jul 12, 2006 at 06:47:05 PM EST
[ Parent ]

Re: Losing the Next Alito Fight (none / 0)

I agree that NARAL's goal should be more to shape public opinion toward being pro-choice than it should be toward electing democrats... but...

What is NARAL doing to shape public opinion on this issue?

How does endorsing Joe do anything but send mixed messages toward their, supposedly stated, goal of shaping public opinion so that it is more pro-choice?


"You say the world has lost it's love I say embrace what it's made of" -Dar Williams
by Valatan on Wed Jul 12, 2006 at 03:14:04 PM EST
[ Parent ]

Re: Losing the Next Alito Fight (none / 0)

I'm no expert on NARAL, but here's a description of their three sub-organizations. If they aren't doing a good job on public opinion, then I agree: send your dollars elsewhere. But don't send your dollars elsewhere based on a couple of endorsements.

Endorsing Joe, when viewed in isolation, is a bit of a puzzler. But with any interest group, just like any politician, you have to look at the overall picture. Even Feingold has made some puzzling votes. Even Boxer has made some puzzling statements. It's a mistake to expect perfection from anyone involved in politics.


by Canis latrans on Wed Jul 12, 2006 at 03:27:05 PM EST
[ Parent ]

Heh, currently Sully... (none / 0)

...is being called not-conservative by other righties because he has dared criticize Bush on torture and a few other things.


by MNPundit on Wed Jul 12, 2006 at 01:19:10 AM EST

Re: Heh, currently Sully... (none / 0)

yeah, but sully is supporting a McCain/Lieberman ticket idea for 2008 despite the fact that both of these people remain uncritical other than in superficial ways of the Pres in public.he's a weirdo b/c he doesn't seem to care whether his position is at all consistent with reality.


by bruh21 on Wed Jul 12, 2006 at 11:57:02 AM EST
[ Parent ]

Gang of 14 (none / 0)

is the group to watch. They broke the camel's back on Alito by preventing a filibuster from gelling, i think:


Republicans

   * John S. McCain III, Arizona
    * Lindsey O. Graham, South Carolina
    * John Warner, Virginia
    * Olympia Snowe, Maine
    * Susan M. Collins, Maine
    * R. Michael DeWine, Ohio
    * Lincoln Chafee, Rhode Island

Democrats

   * Joseph I. Lieberman, Connecticut
    * Robert C. Byrd, West Virginia
    * E. Benjamin Nelson, Nebraska
    * Mary Landrieu, Louisiana
    * Daniel Inouye, Hawaii
    * Mark Pryor, Arkansas
    * Ken Salazar, Colorado


by NuevoLiberal on Wed Jul 12, 2006 at 01:32:09 AM EST

Re: Gang of 14 (none / 0)

That's the point of the post.

NARAL endorsed Lieberman for his senate run, and therefore, implicitly rubber stamped the "Gang of 14"

NARAL's endorsement made no sense.  The cloture vote on Alito was the most important abortion-related vote for at least the past 8 years.  They endorsed someone who voted against them on it.  It's baffling.


"You say the world has lost it's love I say embrace what it's made of" -Dar Williams
by Valatan on Wed Jul 12, 2006 at 11:25:54 AM EST
[ Parent ]

Re: Gang of 14 (none / 0)

And they endorsed Chafee when he had a pro-choice Dem opp0onent, and much earlier than they needed to, before he actually voted.  That's what I mean by throwing their endorsement away.


by Mimikatz on Wed Jul 12, 2006 at 02:11:10 PM EST
[ Parent ]

Re: Gang of 14 (none / 0)

I'm pretty sure we agree on this.  NARAL's behavior over the past year and a half baffles me.  I don't see a single part of their operation doing anything useful right now.


"You say the world has lost it's love I say embrace what it's made of" -Dar Williams
by Valatan on Wed Jul 12, 2006 at 03:09:52 PM EST
[ Parent ]

Re: Losing the Next Alito Fight (none / 0)

I'm heartened to see that this issue is starting now.  I hope it keeps up, and that the netroots weild their newfound respect and power consistently in the leadup to the next showdown, cause then maybe people will pay attention.

The Senate and the Presidency are, obviously, way secondary to control of the court.  Although controlling one or both of those two would help head off the loss of the third.


by Lucas O'Connor on Wed Jul 12, 2006 at 02:16:57 AM EST

It'll be a new Senate in 2007. (none / 0)

Durbin said, before the for-the-cameras Switzerbuster, that he had about 38, maybe 39 votes for a filibuster, but that he needed 41 and didn't have them.  I conjecture that if he had even 40, he might could have wrapped up the 41st, but he only had 38-39.

After November we will not be in that position again.  If we pick up 3-5 seats -- and note that for these purposes, replacing Lieberman with Lamont is a pickup -- then we'll have our 41 votes.  Which means that instead of picking an Alito and leaving the Dems two votes shy of a unified caucus, Bush would have to pick an Anthony Kennedy to leave the caucus split.

The DC boys and girls are pretty clear, I think, that this midterm will draw the lines for the next SCOTUS justice.  The more seats we pick up, the stronger we are for a filibuster fight, and the more moderate a justice Bush has to pick.  47 Dems means Alito can't get through.  49 Dems means Kennedy-clone can't get through.  51 Dems means O'Connor-clone would have trouble.

However, this means that the next filibuster fight will not look quite like the last one.  And how it will look depends very much on how many seats we pick up.

And again, knocking off Lieberman counts as a pickup, because he almost certainly was not one of Durbin's 38-39.


by texas dem on Wed Jul 12, 2006 at 04:12:29 AM EST

My question: (none / 0)

Who were Durbin's 38-39?  Or more to the point, which Ds were NOT part of Durbin's 38-39? There were six or seven Senators who were not on board.  Were they the exact Gang of 14?  I'm not ready to assume that.

Furthermore, we never wanted all 45 of our Senators to filibuster.  Even if we had them all, we'd let four go on the catch-and-release system: let Ben Nelson vote against us for his own sake, even if he's willing to lend a vote should we really need it.

So, we WANT Ben Nelson, Bill Nelson, Mark Pryor, and Tim Johnson to vote for cloture.  That would leave us with 41 votes.  Since we had 38, there's only three votes then that we needed and didn't have.  They must be from among Lieberman, Byrd, Salazar, Inouye, Landrieu, Kent Conrad.  Three of those votes we had, and three of those votes we needed and didn't have (assuming that Pryor and Johnson were not with us even if we really needed them).  

Durbin needed two or three more votes.  I would REALLY like to know which Democrats turned him down.  I don't honestly know if Lieberman was one of them.  It will be truly shameful if he was.  Why would Lieberman be the deciding vote AGAINST a filibuster of Alito?


by texas dem on Wed Jul 12, 2006 at 04:37:29 AM EST
[ Parent ]

Re: My question: (none / 0)

I'm betting there never were 37 votes or anything like (I remember 33 being the number Durbin came up with - but, either way, it was bullshit).

When Harry said there weren't the votes, period, I'm thinking his hard count was around 20-22.

On top of that might have been another dozen or so who told Durbin something like, Of course, if you can limit Frist to 59, I'm never going to be his #60.

In other words, everyone wanted to be the mythical #41 - it's just #25-40 they weren't keen on!

That's Rule #1 in vote-counting: definite maybes don't go in the book.

That way lies delusional Durbin counts and disappointed supporters.


by skeptic06 on Wed Jul 12, 2006 at 08:15:31 AM EST
[ Parent ]

You are talking out of your ass (none / 0)

Your speculation about Durbin's speculative numbers is doubly hilarious.


by Teaser on Wed Jul 12, 2006 at 11:33:53 AM EST
[ Parent ]

If you deleted all the speculation round here... (none / 0)

...the noise of crickets would be deafening.


by skeptic06 on Wed Jul 12, 2006 at 12:54:12 PM EST
[ Parent ]

Re: My question: (3.00 / 1)

When Harry said there weren't the votes, period, I'm thinking his hard count was around 20-22

Right ... one of the reasons NARAL/PP don't consider the cloture vote to be a blemish in Lieberman's record. The Washington Post detailed how the Democrats decided to stand down on reproductive rights from the get-go.

NARAL/PP don't have a vote on the senate floor.

Moreover, Lieberman has been a consistent vote for reproductive rights over his career, including a vote against the PBA Act in 2003. A stalwart supporter, despite criticism from both Orthodox Jews and the Catholic church. Lamont has no record, period.

Lieberman's voting record on reproductive rights, specifically, does not form the basis for opposition by the national organizations.

There has been some discussion on a comment he made in the Hartford Courant regarding a state level issue: a bill which would require all hospitals (including Catholic hospitals) to dispense Plan B to rape victims. The only reference I can find is a quote: "In CT, another hospital is only a short ride away." This has resurfaced on the blogs as "Lieberman sends rape victims to Rhode Island" and "rape gurney Joe." Google "rape gurney" and get yourself a nice cup of Joe.

There are four Catholic hospitals, all in urban areas. There are non-Catholic hospitals nearby, probably on average about 2 miles away, with whom the Catholic hospitals compete for patient volume. There are a number of cooperative arrangements in place between Catholic hospitals and their non-Catholic counterparts. What is not mentioned is that there is a protocol in place by the Catholic hospitals to refer elsewhere and provide the transportation in the case of unwillingness to dispense Plan B.

For this reason, Gov Rell came out strongly against the bill. The state senate ran the clock out on the bill rather than get in the middle of a highly polarized argument between the Archbishop of Hartford and Planned Parenthood/Yale University Health Services. So apparently, Lieberman made some sort of "middle ground" comment on what was unfolding in CT consistent with Gov. Rell's position for which he is now experiencing some wrath.

Right? Wrong? If women in CT find that Lieberman's comment was out-of-line and vote against him accordingly, this is their perogative. Gov Rell (R) is very popular and probably untouchable, so if they need to take out a Senator who deals with federal issues over a state issue, so be it. That's politics. However, the national organizations who endorse candidates on the federal level would be unlikely to take a state issue on which Lieberman has no vote into account.

Due to the nature of our Congress, all of the action on the ground on issues like universal health care, reproductive rights, etc is taking place in state houses. Yes, it sucks that women should be subjected to varying standards across the nation. However, this is unlikely to change as long as we are embracing someone like Casey who is (1) unequivocally anti-choice (2) announced his support for Alito early on, thereby undermining the 'effort', such as it was, to oppose Alito, and (3) is pro-war. Lieberman bad & Casey good. I doubt this is how NARAL/PP would evaluate the situation.

In the specific context of Lieberman's actual voting record in Congress, I have no problem with NARAL's endorsement.

I am heartened to see all of the support for women's rights online -- in fact, in MD we recently had a bill fail in the state senate by one vote to authorize pharmacist training for dispensing EC w/o a prescription. Like CT, the bill was supported (and lobbied for) by the state level reproductive rights orgs and Univ MD health services. The opposition consisted of concern trolls for minors. The bill will come up again for the fifth time in the next session. I look forward to seeing all of you in Annapolis.


by dblhelix on Wed Jul 12, 2006 at 11:37:08 AM EST
[ Parent ]

Re: My question: (none / 0)

Great post.


by Matt Stoller on Wed Jul 12, 2006 at 02:34:01 PM EST
[ Parent ]

Re: My question: (none / 0)

However, this is unlikely to change as long as we are embracing someone like Casey who is (1) unequivocally anti-choice (2) announced his support for Alito early on, thereby undermining the 'effort', such as it was, to oppose Alito, and (3) is pro-war. Lieberman bad & Casey good. I doubt this is how NARAL/PP would evaluate the situation.

Hear!  Hear!  

I support Lamont but all the talk about how noble it is to do so in blogtopia will continue to go right over my head until some explains to me why it was okay for bloggers to stay quiet during the primary that installed Casey.  If he wins, he'll be no better than Lieberman down the line and much, much worse on Choice.  blogtopia will own a part of every bad vote he casts.


by eRobin on Wed Jul 12, 2006 at 03:49:29 PM EST
[ Parent ]

Re: My question: (none / 0)

I'd put money on Lieberman and Salazar as being two of them.  Lieberman would put fidelity to the Gang of 14 over party.  (One of his "higher values".)  


by Mimikatz on Wed Jul 12, 2006 at 02:14:11 PM EST
[ Parent ]

Filibusters cut both ways (2.00 / 3)

The working premise here is that filibusters on judicial nominations are a legitimate tool. Well color me skeptical. Unless someone can demonstrate a strategy that will guarantee 60 Democratic Senators come 2008 what Matt is suggesting as a routine tactic will mean future Democratic Presidents will have even less success getting judges seated, and Republicans will have a perfect out. "Dems started it".

Look filibustering Bork would have been legitimate. Read even his popular work and you see a guy who adjusts his views of executive authority depending on whether a Republican or a Democrat is in the Oval Office. He was and is a partisan hack hiding behind a black robe. Alito is a very conservative judge. There is a difference.

Judges deserve an up or down vote. That was true in the Clinton Administration (where candidates were routinely denied that) and it is true today. Don't want judges like Alito? Well then find a way to keep Republicans from stealing elections.

Judicial filibusters are a very short-sighted tactic. Now if you are convinced Democrats are going to be the Permanent Minority then filibuster away. If you believe as I do that we can take this country back don't legitimize this weapon and simply hand it over to Republicans. Because you will simply have abandoned all chance of ever rebalancing the Supreme Court ever. Republicans will see to that.

Feel free to punish Senators for voting for Alito. Punishing Senators for voting for cloture on Alito is fundamentally anti-democratic with both a big and small 'd'.                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                            


PollKatz: Bush Approval in 15 polls
by Bruce Webb on Wed Jul 12, 2006 at 06:24:27 AM EST

Re: Filibusters cut both ways (3.00 / 1)

Republicans will have a perfect out. "Dems started it".

Guess what? Republicans blocked Democratic judges in the past using every trick in the book -- they didn't need the "Dems statrted it" excuse. And they won't need it in the future to do the same thing -- even filibuster.

Judges deserve an up or down vote.

That's just a GOP talking point. And what it's saying is that liberals and Democrats should fight for their beliefs using the Marquis of Queensbury rules while conservatives and Republicans are using knives to fight for theirs.

That's the kind of "lose-at-all-cost" thinking that's driven liberalism and the Democratic Party into the ditch they now find themselves in.


With Democrats Lieberman goes for the jugular. With Republicans he goes for the lips.
by Sitkah on Wed Jul 12, 2006 at 08:20:14 AM EST
[ Parent ]

ratings (none / 0)

While I disagree with the above post strongly, I do not believe it merited any kind of negative rating.   Dissent is healthy.

My fundamental take is that from 1995-2000, Republicans used parliamentary tactics to prevent Clinton nominees from receiving up-or-down votes; therefore, from 2001-06, Democrats are justified in doing the same.


by Adam B on Wed Jul 12, 2006 at 10:29:05 AM EST
[ Parent ]

Re: ratings (none / 0)

But how often was it really mentioned seriously that Republicans did it to Clinton all the time? Rarely.  We have to remember that the rules of the game are stacked against us in the realm of the media and, by extention, public opinion. And with leading Democrats refusing to stand up over and over and say "Republicans refused to put judges on the bench in the 90s, they set the precedent, we're just playing by their rules" we're pretty much stuck with this being portrayed as the fault of Democrats.


by Lucas O'Connor on Wed Jul 12, 2006 at 11:35:06 AM EST
[ Parent ]

Re: ratings (none / 0)

We "stuck" only with what we allow ourselves to be.

I'm so tired of the cowardly refrain "But what will the Republicans say about us?" if Democrats do this or that.

It's time for Democrats to start thinking about what they're going to say about the Republicans.


With Democrats Lieberman goes for the jugular. With Republicans he goes for the lips.
by Sitkah on Wed Jul 12, 2006 at 02:32:46 PM EST
[ Parent ]

Re: ratings (none / 0)

I fully agree, but right now this party isn't exactly stocked with leaders who are gonna play hardball.  Until we've got them, we also have to be realistic.


by Lucas O'Connor on Wed Jul 12, 2006 at 03:01:28 PM EST
[ Parent ]

Up or down vote (none / 0)

Bullshit.  Now you sound like a wingnut.  There are all kinds of rules for voting in the senate, and the Cons have used them all to stop Dem candidates.

Don't start that stupid argument.  The senate's job is advise and consent, not rubber stamp.  If you can't get over 60 senators to confirm a Supreme Court justice, maybe he/she shouldn't be confirmed anyway.


by RadioCity on Wed Jul 12, 2006 at 10:38:30 AM EST
[ Parent ]

Re: Filibusters cut both ways (none / 0)

here's a new idea: get over giving a shit what the republicans think or will do , and let's simply act as if they will hit no matter what. that way we worry about what we will do to them instead.


by bruh21 on Wed Jul 12, 2006 at 11:59:26 AM EST
[ Parent ]

Re: Losing the Next Alito Fight (none / 0)

Whenever one criticizes a NeoDem, Zellocrat, or other form of turncoat DC Democrat, the frequent comeback is to cite their approval rating by NARAL, AFL-CIO, Sierra Club, or some other  Washington lobbying group that is considered "progressive".

But as this post and previous ones on this blog have pointed out, such endorsements don't -- or at least shouldn't -- carry much if any weight in determining whether a politician is really on the side of the people or the powerful since such organizations have lately shown a disposition to being being on the side of power themselves.


With Democrats Lieberman goes for the jugular. With Republicans he goes for the lips.
by Sitkah on Wed Jul 12, 2006 at 08:07:00 AM EST

Re: Losing the Next Alito Fight (none / 0)

Honest question: What should?  Assuming that most Americans aren't going to have the time or inclination to investigate the entire voting record of their representatives, how do they figure it out if not via these proxy groups whose job is supposedly to evaluate these candidates?

I really don't know another way around it, so it just becomes an issue of hounding these groups into a more accurate scorecard.


by Lucas O'Connor on Wed Jul 12, 2006 at 11:36:42 AM EST
[ Parent ]

Re: Losing the Next Alito Fight (none / 0)

Honest scorecard, and also find other groups to taut who are already more progressive. I am not sure on the abortion issue, but for example the Human Rights Campaign  isn't the only game around. the netroots needs to be reaching out and helping where they can to build these alternative orgs for rating. NGLIF (right abbreviation?) is one. but there are others- ie, localized gay rights orgs such as one recently started in NC among other places should be supported and coalitions should be developped there. This breaks these top down orgs strangle hold on the debate


by bruh21 on Wed Jul 12, 2006 at 12:02:21 PM EST
[ Parent ]

Re: Losing the Next Alito Fight (none / 0)

We need netroots ratings, not just endorsements.  I'm working on a diary for later today explaining fully, but it should exist.


by Lucas O'Connor on Wed Jul 12, 2006 at 12:22:22 PM EST
[ Parent ]

Re: Losing the Next Alito Fight (none / 0)

I agree w/ this- a system that provides the media with an alternative that they can go to and quote- it doesnt say they will, but at least they will have something more than complaints about how ineffectual the single issues advocates are


by bruh21 on Wed Jul 12, 2006 at 02:51:55 PM EST
[ Parent ]

Re: Losing the Next Alito Fight (none / 0)

plus it gives interest groups something to be compared to.


by Lucas O'Connor on Wed Jul 12, 2006 at 03:02:01 PM EST
[ Parent ]

Re: Losing the Next Alito Fight (none / 0)

ADA scores are more comprehensive than the single-issue scorecards.  They may be a bit obsure for the general public, but that's just because they're never talked about.  That could change.


by Cold Cardinal on Wed Jul 12, 2006 at 12:02:29 PM EST
[ Parent ]

Dems lost at the hearings (none / 0)

Remember them?

Evidently there had been zero pre-planning and coordination between the Dem senators on the committee, who were quite happy to grandstand for their spot on the local TV news as Mr Big Shot without laying a glove on Judge Alito.

Judge Who?

These are the progressive's chocolate soldiers: under klieg lights and in front of cameras, they melt into a smug, self-satisfied goo.

No wonder there's no fight in NARAL: if they did come out slugging, what would ever make them think that Dem MCs would back them up?


by skeptic06 on Wed Jul 12, 2006 at 08:28:01 AM EST

Re: Dems lost at the hearings (none / 0)

Hear hear.

While Republicans were working on their game plan, Democrats were on vacation.

I disagree on NARAL though.  That is all about the cocktail weenies, the self-perception of being a player.

Washington DC is a very sick place.


by Taylor26 on Wed Jul 12, 2006 at 09:24:46 AM EST
[ Parent ]

Re: Dems lost at the hearings (none / 0)

No wonder there's no fight in NARAL: if they did come out slugging, what would ever make them think that Dem MCs would back them up?

It should be the other way around. It's politicians who should be worried about having the support of NARAL and the people.

But when we give politicians our support and demand nothing for it in return, nothing is exactly what we'll get from them.

Conservatives and corporations hold their politicians accountable for their actions and so should liberals.


With Democrats Lieberman goes for the jugular. With Republicans he goes for the lips.
by Sitkah on Wed Jul 12, 2006 at 10:01:11 AM EST
[ Parent ]

Re: Losing the Next Alito Fight (none / 0)

Well without endorsing the strategy- my thinking is that dems want the state battle to energize them and then pass a federal law.


by RAULC on Wed Jul 12, 2006 at 09:52:50 AM EST

Re: Losing the Next Alito Fight (none / 0)

Matt -

(disclosure: i work for PP, but don't know anything about the top-level / endorsement strategies and certainly only speak for myself - not the org).

I appreciate that you point out that we have to maintain a more complicated relationship with legislators as a result of the vast majority of our work is actual clinical service - the public policy work is actually fairly new here...


(disclosure: I work for Tom Udall for Senate) Join us at http://www.TomUdall.com
by steveolson on Wed Jul 12, 2006 at 09:55:13 AM EST

Re: Losing the Next Alito Fight (none / 0)

This really is sort of sad.  The bottom line is that most Washington, DC based interest groups prize thier relationships with incumbents above all else, including winning.  They are also extremely risk averse. This noes not mean that people who work for these groups are bad, stupid, etc.  It does mean that a culture has built up, a cozy culture, of protecting incumbents first.  

If we were in the majority this might make sense, at least in the short/mid-term.  One does not need to be a smart Washington based interest group leader to realize that we are in the minority and that we need to do something different.  In fact, does anyone in the interest groups understand that we are NOT running Washington, DC?  Hello, out there!

The subtext to this is that the political pros are betting on Lieberman over Lamont.  The same people bet on Filson over McNerney, Duckworth over Cegalis, Morrison over Tester, etc. Thier record is mixed.  There will be a lot of nail-biting in Washington, DC before the Connecticut primary.


by howardpark on Wed Jul 12, 2006 at 10:15:33 AM EST

Re: Losing the Next Alito Fight (none / 0)

I don't think it is useful to paint issue-advocacy groups with the single "Washington, DC based" moniker... PP, for instance, is actually based in NYC and only has a small office in DC.

On top of that, we are hardly a top-down org - trust me, my job here is on a data-integration project for our field/political work and the National Federation can do NOTHING without the consent and support of the local state/regional/local affiliates (there are 120 or so of those plus a ton of other units).

Additionally, it is also important to recognize that it isn't that relationships with incumbents are prized because that gets us into cocktail parties - those relationships are crucial to maintain critical health services to hundreds of thousands of people who couldn't afford it any other way.

Obviously, there are some orgs that just do lobbying, but please don't put us all in the same basket.

(other than that, you are right-on. :)


(disclosure: I work for Tom Udall for Senate) Join us at http://www.TomUdall.com
by steveolson on Wed Jul 12, 2006 at 10:47:12 AM EST
[ Parent ]

Re: Losing the Next Alito Fight (none / 0)

Sounds like NARAL and PP need to decide if they are the NRA or the Red Cross.  If PP is the Red Cross, they should get out of the business of endorsing candidates.


by Taylor26 on Wed Jul 12, 2006 at 11:06:33 AM EST
[ Parent ]

Re: Losing the Next Alito Fight (none / 0)

Once the Christian Scientist mafia decides that bandages should be illegal, that analogy might work.

Not to say that endorsing Lieberman isn't fucked up, but...


"You say the world has lost it's love I say embrace what it's made of" -Dar Williams
by Valatan on Wed Jul 12, 2006 at 11:33:14 AM EST
[ Parent ]

Re: Losing the Next Alito Fight (none / 0)

I think Steve has a valid point.  I referred, however, to "most Washington, DC bassed interest groups" -- not all interest groups everywhere.  I tried to narrow my broad brush just a little.


by howardpark on Wed Jul 12, 2006 at 11:18:19 AM EST
[ Parent ]

Re: Losing the Next Alito Fight (none / 0)

thanks - i am a little touchy, these days trying to explain (not really "defend") our endorsements... :)


(disclosure: I work for Tom Udall for Senate) Join us at http://www.TomUdall.com
by steveolson on Wed Jul 12, 2006 at 11:44:27 AM EST
[ Parent ]

Re: Losing the Next Alito Fight (none / 0)

If we were in the majority this might make sense, at least in the short/mid-term.

There's a school of thought among some Democrats that being in the minority excuses selling out. It's the "winning is everything" dogma. The trouble is, selling out demoralizes ordinary Democrats of principle and makes the party look rudderless to independents, and thereby perpetuates defeat.


With Democrats Lieberman goes for the jugular. With Republicans he goes for the lips.
by Sitkah on Wed Jul 12, 2006 at 10:46:16 AM EST

Re: Losing the Next Alito Fight (none / 0)

I disagree with you.  What often is characterized as "selling out" is really just a matter of not having the votes.  Also, there will always be a few defectors on any issue.  That's not selling out, it is just mathmatics.  

Controling the majority, in Congress, means controling the agenda.  The Republican leadership decides to hold votes on issues like flag burning, etc., because it will divide the minority.  They want it to look like Democrats are selling out and you are buying into the trap the GOP sets every day.


by howardpark on Wed Jul 12, 2006 at 11:23:57 AM EST
[ Parent ]

Re: Losing the Next Alito Fight (none / 0)

no one expects them to have the votes, but they do expect them to vote democratic


by bruh21 on Wed Jul 12, 2006 at 12:05:46 PM EST
[ Parent ]

Re: Losing the Next Alito Fight (none / 0)

Actually, when I said "sellouts" I didn't mean Democrats who voted for the GOP's perennial gimmicks like flag burning and marriage amendments.

I was talking about real issues like Bush's 2001 bankruptcy law, ergonomic regulation repeal, tax scams, corporate welfare, NCLB, DHS, Iraq, etc.


With Democrats Lieberman goes for the jugular. With Republicans he goes for the lips.
by Sitkah on Wed Jul 12, 2006 at 02:42:57 PM EST
[ Parent ]

Re: Losing the Next Alito Fight (none / 0)

Well my two cents on this is that unless we have a Democratic Senate there won't be a fight on the next nomination.  My take on this has always been that we sqaundered the only oppotunity we had to use a filibuster on a judicial appointment.  The Republicans have been playing out the clock on this Congress in hopes of avoiding the nuclear option, they will use their simple majority to change the filibuster rule at the opening of the next Congress and there go all these wonderful plans to fight.
That is why it has always been most important to retake control of the Senate in 2006.  If that doesn't happen, stick a fork in us cause we're done.
by Demo Dan in Dayton on Wed Jul 12, 2006 at 11:35:58 AM EST

Re: Losing the Next Alito Fight (none / 0)

It wouldn't take too many dem seat pickups to make a nuclear option vote very, very close for the republicans.  I doubt Chafee or the Maine senators would vote for the nuclear option, and this is water that McCain would have to tread very carefully, as well.  Assuming that Chafee doesn't get replaced by a rightwinger, that would indicate that the republicans would at least need a majority of more than 52 in order to win this vote.


"You say the world has lost it's love I say embrace what it's made of" -Dar Williams
by Valatan on Wed Jul 12, 2006 at 11:40:46 AM EST
[ Parent ]

Re: Losing the Next Alito Fight (none / 0)

I believe the leadership could force this thru on a Cheney tie-breaker if necessary.  Again, maybe I'm just a little too paranoid.


by Demo Dan in Dayton on Wed Jul 12, 2006 at 11:55:08 AM EST
[ Parent ]

Re: Losing the Next Alito Fight (none / 0)

Fair enough--and I'm not saying that I'd be comfortable with a vote on the nuclear option taking place, just that it'd be a close, difficult vote that the republicans would ahve to spend political capital on.


"You say the world has lost it's love I say embrace what it's made of" -Dar Williams
by Valatan on Wed Jul 12, 2006 at 12:15:03 PM EST
[ Parent ]

Re: Losing the Next Alito Fight (none / 0)

If Dems pick up seats in November, Chafee's will almost certainly be one of them, so that's not a big part of the equation.

Can you (or whoever) educate me on one thing though?  If the nuclear option were forced through, is it something that Democrats could just put back if/when they retook full control in 2008?  Or is it an all or nothing thing?  I know I should know this by now, but I can't seem to dig it out of the cobwebs.


by Lucas O'Connor on Wed Jul 12, 2006 at 12:46:18 PM EST
[ Parent ]

Re: Losing the Next Alito Fight (none / 0)

It's just a rule change.  It can be re-changed at any time.  Really, a simple majority could abolish cloture all together.  Continuity with senate tradition is what's keeping the cloture rule from being changed


"You say the world has lost it's love I say embrace what it's made of" -Dar Williams
by Valatan on Wed Jul 12, 2006 at 03:03:18 PM EST
[ Parent ]

Dems should be saying 'bring it on', surely? (none / 0)

All Senate majorities think the filibuster is iniquitous; all Senate minorities think it's the bedrock of American democracy.

Given that - so far as I'm aware - the US Congress is the only legislature in the world to have such a rule, I'm inclined to think it's American exceptionalism gone wilder than Brent Bozell seeing two girls groping each other on network TV.

(Even though they do call it wrestling.)

By definition, super-majority cloture is for losers. If the Dems really thought they were sticking around in the Senate majority for the next decade or two, and made it in November, they should be planning to exercise the nuclear option (for all votes) as soon as the GOP get in their way.

In fact, I'd almost call it a litmus test...


by skeptic06 on Wed Jul 12, 2006 at 03:20:51 PM EST
[ Parent ]

Re: Losing the Next Alito Fight (none / 0)

Well my two cents on this is that unless we have a Democratic Senate there won't be a fight on the next nomination.

Even that wouldn't guarantee Democrats with a record of collaborating with Bush wouldn't continue doing do.

In fact, they're more likely to do so as the majority party like they did from 2001-2003.


With Democrats Lieberman goes for the jugular. With Republicans he goes for the lips.
by Sitkah on Wed Jul 12, 2006 at 03:53:36 PM EST
[ Parent ]

Re: Losing the Next Alito Fight (none / 0)


With Democrats Lieberman goes for the jugular. With Republicans he goes for the lips.
by Sitkah on Wed Oct 04, 2006 at 11:17:07 PM EST
[ Parent ]

Re: Losing the Next Alito Fight (none / 0)

Let's try thinking more than one move ahead, folks. The likely reaction to this misguided campaign, should it have any effect at all, is that single-interest groups will withdraw from endorsements altogether. And that result is a net loss for the Democratic Party.


by Canis latrans on Wed Jul 12, 2006 at 01:56:49 PM EST

Re: Losing the Next Alito Fight (none / 0)

Why? Who need special interest groups telling people how to vote -- especially when they're just running an incumbent protection racket?


With Democrats Lieberman goes for the jugular. With Republicans he goes for the lips.
by Sitkah on Wed Jul 12, 2006 at 02:45:56 PM EST
[ Parent ]

Re: Losing the Next Alito Fight (none / 0)

Yeah, I guess the Democratic Party has been so successful lately that they don't need any help.

If you take a cynical point of view, all of politics is a racket. Not just what special interest groups do.


by Canis latrans on Wed Jul 12, 2006 at 02:49:31 PM EST
[ Parent ]

Re: Losing the Next Alito Fight (none / 0)

actually the the cynical view is to accept things as they are- and not think of other ways of doing things. this diary is advocating how to think differently


by bruh21 on Wed Jul 12, 2006 at 02:53:36 PM EST
[ Parent ]

Re: Losing the Next Alito Fight (none / 0)

Thinking differently is not identical to thinking smarter. It's great to discuss alternatives, but bad ideas should be rejected.


by Canis latrans on Wed Jul 12, 2006 at 02:57:36 PM EST
[ Parent ]

Re: Losing the Next Alito Fight (none / 0)

your calling an idea doesn't make it so. and we wont know until we try. before hand w/o knowing or any reason to know- thats call cynacism and pessimism


by bruh21 on Wed Jul 12, 2006 at 09:31:39 PM EST
[ Parent ]

Re: Losing the Next Alito Fight (none / 0)

Yeah, I guess the Democratic Party has been so successful lately that they don't need any help.

Has the kind of help they've been getting during the DLC era been helping them win?

....bad ideas should be rejected.

Such as relying on advocacy groups which have symbiotic relationships with incumbents to tell us who is best.


With Democrats Lieberman goes for the jugular. With Republicans he goes for the lips.
by Sitkah on Wed Jul 12, 2006 at 03:47:31 PM EST
[ Parent ]


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