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Read other letters about this article
Farhad Manjoo does a good job of updating the pros and cons, but I agree with his correspondent "tempus", who counsels going for the filibuster, on grounds that Democrats have too much to gain and too little to lose not to.
Let's dispense with the surrounding political climate. Forget the polls on Alito. Laymen know next to nothing about judges and care only slightly more until the TV klieg lights go off. The independents won't care two bits' worth about him six months from now.
On the other hand, Democrats are hungry for action. Not going for the filibuster, with so many liberal groups organizing and raising money to support that effort, might take considerable steam out of the '06 election campaign. Who needs Democrats if they won't fight for control of the Supreme Court when we have a president happy to usurp the Constitution on a daily basis? Our forebears took up guns over stuff like this, and we're afraid of political fallout? Please.
It is hard for Senators to spike Alito because the package is appealing. He is certainly technically competent to be a Supreme Court justice. But so was Judge Bork. And he got spiked because he terrified most of us with his wacko views on the Bill of Rights. Alito is more subtle -- but not by much. He looked those Senators right in the eye and said Roe just might be suitable for reversal, for example. And on every other major civil rights issue, he comes down on the wrong side. Competence is not justice, and if we think he is going to treat the Constitution unjustly, we need to stop him.
So what if the nuclear button is pushed, and the filibuster rule is abolished? It is certainly true that Democrats would then have power over the judiciary when they take control one day. But don't you also understand that failing to fight produces exactly the same result as if abolition were already an accomplished fact? The French for that is fait accompli, remember? We are ALREADY nuked. The only question is whether we can undo the nuking by playing chicken, or redirect the blast at power-crazed Republicans.
There are football coaches who shun passing because three things can happen when you pass, and two of them are bad. Against tough opponents, they lose.
It's time to get this ball in the air.
