Bench Memos

NRO’s home for judicial news and analysis.

This Delightful Filibuster Attempt


This New York Times article on Kerry’s fili-blustering is a delightful read. One excerpt:

Democrats cringed and Republicans jeered at the awkwardness of his gesture, which almost no one in the Senate expects to succeed. “God bless John Kerry,” said Don Stewart, a spokesman for Senator John Cornyn, a Texas Republican on the Judiciary Committee. “He just cinched this whole nomination. With Senator Kerry, it is Christmas every day.”
So much for following the advice offered by the New York Times editorial page yesterday. It would seem that even some New York Times reporters recognize how nutty its editorial page is.

I love the politics of this filibuster maneuver, under every conceivable eventuality. (Yes, even if the filibuster were somehow to succeed – that would trigger cloture reform.) Democrats who have already stated their opposition to Alito are now put to the unpleasant choice of pleasing the hard Left by also supporting the filibuster or of maintaining some semblance of responsible behavior with the mass of their constituents. And those few remaining Democrats who are genuinely undecided on Alito now have to factor in that opposing him at this point (yes, even if they also oppose the filibuster) will likely be seen as joining forces with Kennedy and Kerry.

I’m beginning to wonder whether Kerry and Kennedy aren’t actually part of the Vast Right-Wing Conspiracy. What better set-up for the President’s State of the Union address Tuesday than the triumph of Judge Alito’s confirmation and the follies of the Democrats.


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