Bad news, Dan - the Alito nomination isn't over yet, and your party could still jump the rest of the way off the cliff should they decide to foolishly pursue a filibuster. And as of yet, his former boss Sen. Lieberman hasn't announced how he will vote. Will he also drink the lefty kool-aid?It's hard not to listen to the reviews of the Democrats' performance in the Alito hearings and come away thinking that much of our party is living in a parallel universe.
Most of the political establishment has concluded that the Democrats were: (a) ineffectual; (b) egomaniacal; (c) desperately grasping at straws; (d) downright offensive; or (e) some combination of the above. The American people, outside of those living in deep-blue enclaves, either were not paying attention or concluded that Sam Alito seemed like a pretty decent guy who was more than qualified. And if they saw anything about it on TV, they couldn't figure out why those pompous Democratic senators were trying to slam Judge Alito for being racist (and making his wife cry).
Yet the liberal blogosphere is agog at the way the Democrats let Judge Alito off the hook. And they're stupefied as to why the Senate Democrats are signaling that they won't risk triggering a nuclear confrontation with a filibuster. Postings on Daily Kos were typical. First, this comment from Georgia10: "Don't tell me a filibuster isn't warranted when 56% of this nation says Alito SHOULD be blocked if he'll overturn Roe. . . . I keep hearing . . . that we need 'angry' Dems, we need Dems with courage. We need Dems with courage. Well guess what--we HAVE angry Dems, we HAVE courageous Dems. Look in the damn mirror, people. WE are the party. WE are the Democrats. We're angry, we spit fire, and our time has come."
Then there was this response from one DHinMI: "Alito is a judicial radical and far from the national mainstream on numerous issues. . . . And with his anemic numbers, [Bush] wouldn't be able to count on much support from the country in ramming through the nomination."
There are many problems with this analysis. The most immediate is that even if you accept that the activist base's concerns are valid--that Judge Alito may in fact be a "judicial radical"--the Democrats simply didn't prove it. They certainly could not justify their absurd insinuations that he was a closet bigot. Their only sliver of evidence was his peripheral membership in a conservative Princeton alum group that opposed affirmative action and that he never was active in. That was it: no pattern of behavior, no Trent Lott-like public statements, no red flags. Beyond being reprehensible, this line of attack was degrading. It reinforced the leftover perception from pre-Clinton days that our party cries wolf on race when it can't win on the merits, and thereby lowered our credibility one rung more in challenging legitimate incidences of discrimination. Those who suggested to Ted Kennedy, et al., that this was a winning play should have their strategists' licenses revoked.Nor could the Democrats back up their central claim that Judge Alito would bring to the court a wild-eyed conservative agenda bent on taking away our rights, especially those of women. Maybe he'll vote to overturn Roe, but there's no way a disinterested observer could come away from these hearings convinced beyond a reasonable doubt that he would. Indeed, I am an interested, pro-choice observer, and I couldn't say for sure how he'll rule based on the hearings. Yes, he indicated two decades ago that he thought Roe was wrongly decided (as have many other respected constitutional experts); but he was writing as a legal advisor to a pro-life administration, not as a judge. Far more recently, and relevantly, he has said he would not prejudge cases before they came to the court and that he would give great weight to precedent. It's little wonder that an ambivalent country that has twice elected a pro-life president and accepted pro-life leadership in Congress didn't flip its lid over the case against Judge Alito on abortion.
And that's the heart of the problem with our party and its angry activist base. It's not so much that we're living in a parallel universe, but that we have dueling conceptions of what's mainstream, especially on abortion and other values-based issues, and our side is losing. We think that if we simply call someone conservative, anti-choice and anti-civil rights, that's enough to scare people to our side. But that tired dogma won't hunt in today's electorate, which is far more independent-thinking and complex in its views on values than our side presumes.
Gerstein sums up the problem this way:
This episode shows we don't have any leader in power who will tell our base that we're not going to become a majority party again by telling the majority they're out of the mainstream. We do badly need leaders with courage--the courage, that is, to push our party (to borrow a phrase) to move on, to accept that we can't win with the same lame ideological arguments in post-9/11 America, and that we must develop an alternative affirmative agenda that shows we can keep the country safer, make the economy stronger, and govern straighter than the ethically challenged Republicans. Then we can worry about picking the nominees instead of fighting them.I'll be the lefty blogs are lighting up over the statement I emphasized above. Gerstein is right, but his argument will go nowhere with the wacky left fanatics who are steering their party right down the sewer.
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