Senate Confirms Roberts

By an even wider margin than expected:
The Senate voted 78-22 to confirm Roberts -- a 50-year-old U.S. Appeals judge from the Washington suburb of Chevy Chase, Md. -- as the successor to the late William H. Rehnquist, who died earlier this month.

All of the Senate's majority Republicans, and about half of the Democrats, voted for Roberts.

Underscoring the rarity of a chief justice's confirmation, senators answered the roll by standing one by one at their desks as their names were called, instead of voting and leaving the chamber.

Here is the roll call.

The mistakes of this last campaign will not be forgotten. In the blog world, mistake number one was having someone like me develop the original "partisan hack" messaging in the first hours after Roberts confirmation. Out second mistake was having someone like me, with no legal expertise, live blog the hearings.

I am an organizer, not a policy wonk. In the future (as in, the next two or three days) we are going to need to have at least the nucleus of a progressive legal progressive up and running to lead the blog messaging on these sorts of things. I should never have tried to target blog about something that I am not an expert on. I ignored my own advice. Considering the overwhelming talent available to progressives on the blogosphere, none of us should try to be all things all the time. If we have any hope of closing the triangle in the future, we can't just focus on spineless Dems and complicit media. We need far better internal infrastructure to improve our messaging ourselves.



Display:


When (2.00 / 2)

are Democrats going stop providing cover for the Repugs?
Gandhi - "First they ignore you, then they laugh at you, then they fight you, then you win."
by HCLiberal on Thu Sep 29, 2005 at 12:28:59 PM EST

Maybe the whole 'two party system' is a sham (none / 0)

And behind the surface parties we see, which are just for show, in other words, fake..we actually have a one party, semi-totalitarian state.. actually running things..

Increasingly, that seems less and less implausible..

by ultraworld on Thu Sep 29, 2005 at 12:34:05 PM EST
[ Parent ]

Please, Please, Please, EDUCATE YOURSELF! (none / 0)

There is a substantial literature on how the political system works, not by those parasticially linked to it.  The most relevant on this point comes from William Domhoff dating back to his first edition of Who Rules America? in 1968.  

Domhoff makes it quite clear that there is a ruling class in America, but that (1) It is not monolithic. (2) It is mostly not interested in governing. It wants to enjoy its riches. Party down. Buy expensive shoes, not run the State Department.

After decades of refuting critics, refining and expanding his research, Domhoff recently wrote a book, Changing the Powers That Be: How the Left Can Stop Losing and Win.  I don't agree 100% with his analysis (he's right to criticize blanket condemnations of the press, but mistaken to dismiss them so totally), but some points he makes are purely factual, and others are difficult indeed to argue against from a fully informed perspective.  For example, he explains how there is actually a more cohesive left/liberal block within the Democratic Party than ever before, and how it may be possible for this block to come to power.  (The Dixiecrats are all but gone, and the old-style machines are far weaker than before.)

Domhoff says this as an unapologetic (though non-dogmatic) leftist--that is, one who believes that the power structure in America has to be fundamentally transformed in a more egalitarian direction.  He is not in the least an apologist for the Democratic Party as it is or has been.  But he is a serious scholar of the first rank. If we claim to be the "reality-based community" then it behooves us to be aware of reality, and folks like Domhoff who analyze it compellingly, and in detail.

by Paul Rosenberg on Thu Sep 29, 2005 at 02:14:35 PM EST
[ Parent ]

Re: Please, Please, Please, EDUCATE YOURSELF! (none / 0)

I'm unclear about your response to the assertion that "perhaps it's the two party system that's a sham," do you agree with the "two party sham" observation or not?

Let me say that I believe that as citizens/constituents we would be better represented if, instead of a two party/winner-take-all system, we had a proportionally representative system. Now, of course, what's common under proportional representation is to have a parliamentary system, which comes with its own sets of problems.  However, proportional representation (or even instant run off voting) is certainly more democratic and representative.

Unfortunately, such electoral alternatives to our current winner-take-all/two party system are not going to be adopted anytime soon; and, certainly, neither of the major parties is going to support altering the current two party scheme.  Therefore, any serious electoral reform would need to be totally grassroots driven, but there's just no momentum behind such a campaign.

Again, to clarify, did you agree or disagree with the "two party sham" observation?

Vox Mia -- Adding My Voice to the Chorus
by bedobe on Thu Sep 29, 2005 at 05:09:26 PM EST
[ Parent ]

It's Far Too Simplistic (none / 0)

I disagree with the naive premise that could be Shocked! Shocked! to discover that the two-parthy system is primarily a system of collaboration between elite factions, since this is the history of American electoral politics.  (Name one major reform that came from within the two-party system, rather than being forced on it from outside--i.e., from below.)

At the same time, I am well and truly tired of people erupting again and again in anger and dismay, rather than educating themselves to respond in a more long-term, strategic manner.

Since my first published article about proportional representation dates back to 1994, I'm more than happy to talk about it, and I think that it should always be a topic up for discujssion, but we need to keep in mind than even much better methods are no substitute for dealing with substantive issues on the one hand, and matters of consciousness--political awareness, social norms, etc.--on the other.

We have to be thinking aboujt all these things in combination.  We won't get a better political system with any sort of magic bullet--even the really cool ones that I myself love to talk about.

So, what is to be done?  Well, make cyberspace a better and better place for empowering citizenship, for one thing. And find ways to have its benefits feed back into the real world, from the global level all the way down to the neighborhood.

We have a big task before us, simply making the ideals that America supposedly stood for 200+ years ago into a living reality.  Government that derives its just powers from the consent of the governed--the infomred consent, that is--is still a profoundly revoluytionary, transformational and subversive idea.

by Paul Rosenberg on Thu Sep 29, 2005 at 08:15:14 PM EST
[ Parent ]

Re: It's Far Too Simplistic (none / 0)

All right, so we're all in agreement that the two party system, to say the least, is a sham and not very representative.

Now, I'm nowhere nearly as idealistic as you, I think.  Given current societal conditions (i.e., no progressive movement infrastructure, no visible leadership outside of the electoral system, no wide spread social discontent, no catastrophic economic downturn at the moment) I just don't see the grassroots/average people spontaneously organizing bottom up.  Add to these conditions that the current establishment will stifle and co-opt any bottom up groundswell.  

As you put it, What's to be done?  To begin with -- and this is just an aside --, I don't know why there's always a segregation of groups: now the so-called "netroots" is identified as something different from the "grassroots"... I just think that segregating groups like this is completely lame and deceiving; because, clearly, it's all simply grassroots -- that is, individual members trying to influence from the bottom up.  Moreover, there's no separation between my political activities when am away from my computer and when am in front of it -- it's all political action... grassroots action... my computer simply allows me to direct my political activities in a different avenue.  Again, this is just an aside.  

Again, What's to be done?  I agree, every progressive gain has been snatched from politician/establishment after prolonged grassroots action.  Unfortunately, again, because am not as idealistic I guess, I just don't think that conditions are there for the grassroots to storm the gates, as it were.  In the meantime, here's what am looking for: 1. Democratic politicians that will not backdown from a principled fight, 2. For Democrats to start behaving as a party, with one message and to have each other's back, 3. A single Democrat -- preferably the chair -- that's the clear voice of the party, and not have some self-described spineless "moderate" come out and undercut the message of the party (of course, there ought to be coordination and message discipline).  Finally, am also looking forward to being involved at the local level, working towards the election of a principled and aggressive progressive to an elected office.  

As I mentioned in my previous post, electoral reform (instant run off and/or proportional representation) I think would be ideal goals to work torwards; but those are very long-term goals, since movement support for such reforms just isn't there.  Besides, the educational process alone would make it, I think, a multiyear campaign.  

Vox Mia -- Adding My Voice to the Chorus
by bedobe on Fri Sep 30, 2005 at 03:57:22 AM EST
[ Parent ]

don't blame yourslef (none / 0)

Chris,
Nobody else stepped up to take this on.  It was a learning experience and you definitely learned.  Now, who among us will step up with some solid legal background who can handle the confirmation legalese and processes and translate them to the average blogger / blog reader?  Who among us has the time and dediction to do so?

I think you're right in that it will take a nucelus instead of a single person to get this done.  Granted, you could very easily be the point person, the organizer getting the message out.

However, it didn't help that the Dems in the Senate rolled over the way they did.

--
Albert Yee
Philadelphia, PA
http://dragonballyee.com/blog
by Albert on Thu Sep 29, 2005 at 12:39:04 PM EST

I am proud of Hillary. (none / 0)

However, what's the excuse of safe liberal senators from blue states like those two from Connecticut?

And Carl Levin yes but Stabenow is a no?

And the Washington twins split as well.  Wow.

McCain is defining Obama, and Obama is neither defining himself, nor McCain. This is awful.
by jgarcia on Thu Sep 29, 2005 at 12:41:44 PM EST

Re: I am proud of Hillary. (none / 0)

This is not a failure of individual Dems it is a failure of the entire Democratic Party.
Besides telling us how to live, think, marry, pray, vote, invest, educate our children and, die, the GOP has done a fine job of getting gov't out of our lives.
by Parker on Thu Sep 29, 2005 at 12:52:17 PM EST
[ Parent ]

Re: I am proud of Hillary. (3.00 / 1)

Parker someday I would love to know, why you stay a Democrat if all you do is complain.  I know you have said that I could leave in my SUV, which I don't own, to the GOP if I wanted to blay blay blay, but if you are really that unhappy with the party perhaps it is not the party who needs changing it is you.  Either you should be a positive force or find somewhere else to look for your happiness.  
by THE MODERATE on Thu Sep 29, 2005 at 01:45:32 PM EST
[ Parent ]

Re: I am proud of Hillary. (none / 0)

That is because you never were a Democrat.
Besides telling us how to live, think, marry, pray, vote, invest, educate our children and, die, the GOP has done a fine job of getting gov't out of our lives.
by Parker on Thu Sep 29, 2005 at 01:47:25 PM EST
[ Parent ]

Re: I am proud of Hillary. (none / 0)

Last time I checked my voters registration it said party Dem, but I guess that means nothing to you, becasue if I were a Democrat I would bitch and wine about the Democratic party more than I do.
by THE MODERATE on Thu Sep 29, 2005 at 01:50:41 PM EST
[ Parent ]

Re: I am proud of Hillary. (1.00 / 1)

That is because you NEVER believe in the values of the Democratic party. I hope you enjoy watching women die... just so you can get your kicks playing God with some one else's body...
Besides telling us how to live, think, marry, pray, vote, invest, educate our children and, die, the GOP has done a fine job of getting gov't out of our lives.
by Parker on Thu Sep 29, 2005 at 01:53:05 PM EST
[ Parent ]

Re: I am proud of Hillary. (none / 0)

Okay I will bite how is this vote going to kill women and will I enjoy it and what value are you speaking of that I never believed in.
by THE MODERATE on Thu Sep 29, 2005 at 02:00:02 PM EST
[ Parent ]

Re: I am proud of Hillary. (none / 0)

They are ALREADY attacking Roe Roberts will manuever that abortion will be barely legal on paper yet allow states to cut it to shreads and make it impossible to obtain.

Killed by one thousand paper cuts and legislations so that PEOPLE LIKE YOU won't be offended seeing women carted off to jail for exercising rights over their own bodies.

I guess Harry Reid can then hire the same company in NOLA that the GOP did to "hide the bodies".

Besides telling us how to live, think, marry, pray, vote, invest, educate our children and, die, the GOP has done a fine job of getting gov't out of our lives.
by Parker on Thu Sep 29, 2005 at 02:32:53 PM EST
[ Parent ]

Re: I am proud of Hillary. (none / 0)

So, what is your prescription? Ralph Nader? Jeffrey St. Clair?

by texaschili on Thu Sep 29, 2005 at 03:40:21 PM EST
[ Parent ]

Re: I am proud of Hillary. (none / 0)

Wow, you may be the first person I have seen promoting Reed for President.
by yitbos96bb on Thu Sep 29, 2005 at 03:48:58 PM EST
[ Parent ]

Re: I am proud of Hillary. (none / 0)

"Wow, you may be the first person I have seen promoting Reed for President. "

Thanks. Please read up on Sen. Reed, and I suspect that you'll be impressed too.

Please click on my signature (two links) to find out more about him.



Jack Reed for President, 2008!



by texaschili on Thu Sep 29, 2005 at 04:00:32 PM EST
[ Parent ]

Re: I am proud of Hillary. (3.00 / 2)

Holy Slippery Slope, Batman.  If Roe is overturned, why would you think EVERY state is going to rule it illegal.  The majority of people don't want it illegal.  Yes, there would be a few to pass laws making it illegal, but I will bet any amount of money that the majority of states keep it legal.  Will some restrict it?  Probably, but again, I don't see most citizens putting up with massive changes... They might force underage kids to contact their parents, or force the mothers to let the fathers know, or limit them to 1st or 2nd trimester only.  Yeah it sucks, but it is hardly the apocalyptic future you envision.  More people support abortion than don't.  

The other question becomes... in the states they might make it illegal, who do they go after?  My guess is they aren't targeting the mothers but the doctors.  Doesn't make for very good press, especially in the moderat states.  

by yitbos96bb on Thu Sep 29, 2005 at 03:47:57 PM EST
[ Parent ]

Logic won't work on Parker (none / 0)

I'm afraid.
The history of the left is a history of purists betraying the progressive movement so that they can feel good about their righteous selves.
by Populism2008 on Thu Sep 29, 2005 at 05:39:28 PM EST
[ Parent ]

Re: I am proud of Hillary. (none / 0)

Perhaps you should go to the NARAL website and see just how many states ALREADY have bills PENDING to make abortion illegal or severely obstruct it making it impossible.... it is about 30 and in those they are making it illegal to transfer a minor across state lines to go to legal states.

Kos is a liar. He has written on his front page the anti choice Dems protect women's rights when it is the farthest thing from the truth...

Besides telling us how to live, think, marry, pray, vote, invest, educate our children and, die, the GOP has done a fine job of getting gov't out of our lives.
by Parker on Fri Sep 30, 2005 at 01:46:47 AM EST
[ Parent ]

Re: I am proud of Hillary. (none / 0)

According to USA Today, it's about 11 states where there it is likely that abortion will actually be banned.

http://www.usatoday.com/news/opinion/editorials/2005-07-26-forum-roe_x.htm

These states have very few clinics anyway. Only 122 clinics would be affected by the ban, 65 of which are in Texas.

by wayward on Sat Oct 01, 2005 at 07:50:00 AM EST
[ Parent ]

Re: I am proud of Hillary. (none / 0)

ROTFLMAO!
by yitbos96bb on Thu Sep 29, 2005 at 03:49:50 PM EST
[ Parent ]

Re: I am proud of Hillary. (none / 0)

Yes I am sure it is making you are HAPPY to know that soon women will go back to back alley abortions... I am sure you are tickled pink.
Besides telling us how to live, think, marry, pray, vote, invest, educate our children and, die, the GOP has done a fine job of getting gov't out of our lives.
by Parker on Thu Sep 29, 2005 at 01:49:01 PM EST
[ Parent ]

Re: I am proud of Hillary. (3.00 / 1)

Last time checked, this is mostly a democratic party supporters' blog. If you're going to DAMN the entire democratic party, please take your damnation and go elsewhere.

by texaschili on Thu Sep 29, 2005 at 03:45:28 PM EST
[ Parent ]

Re: I am proud of Hillary. (none / 0)

On second thoughts, I think that my statement: "Last time checked, this is mostly a democratic party supporters' blog. If you're going to DAMN the entire democratic party, please take your damnation and go elsewhere.", was a bit too strong.

I'd like to restate it as follows: Parker, I respect your right to dissent, but please don't condemn the entire democratic party, for there are many good progressives in our party, and given proper encouragement and time, a lot more will emerge. And, the democratic party has, under rather painful pressures, tried its best to deliver when they held some real power, during 1993-2000. And, IMO, we must seek to get runoff elections all across the nation's landscape, in order to put 3rd parties and independents in productive and effective play.

That's all for now.

peace!

TXC

by texaschili on Fri Sep 30, 2005 at 06:25:27 PM EST
[ Parent ]

The Establishment (none / 0)

For whatever the reason, the establishment just blew kisses all over this guy.  David Broder's column in the Washington Post was disgustingly fawning.  Broder puts a huge stock in appearances, particularly the semi-stuffy wasp-y appearance.  He hated Gore and just loved Bush because Bush seemed Presidential to him.

About 6 or 8 of the yesses were predictables.  But many of the rest just don't get it.  As Shakespeare wrote, "You can smile and smile but be a villain, too."

Democrats who make the TV for the most part do a real lousy job of making fun of their opponents, speaking down-to-earth language instead of short-handing with the jargon of the day, and looking happy.

Those damn smiling jackasses can't run anything but they sure get elected.

by David Kowalski on Thu Sep 29, 2005 at 12:58:26 PM EST

Democrats are BLOCKHEADS (none / 0)


Besides telling us how to live, think, marry, pray, vote, invest, educate our children and, die, the GOP has done a fine job of getting gov't out of our lives.
by Parker on Thu Sep 29, 2005 at 01:31:51 PM EST
[ Parent ]

Parker is TROLL (none / 0)



by texaschili on Thu Sep 29, 2005 at 03:47:22 PM EST
[ Parent ]

Well, Parker is "a" TROLL :) n/t (none / 0)


by texaschili on Thu Sep 29, 2005 at 03:47:57 PM EST
[ Parent ]

Re: Parker is TROLL (none / 0)

That's actually kind of cute... I would love one for my office.
by yitbos96bb on Thu Sep 29, 2005 at 03:50:35 PM EST
[ Parent ]

Re: Democrats are BLOCKHEADS (none / 0)

You never give up do you...? I'm beginning to suspect that you are one of those Republicans who collected signatures for Nader in 2004.

If you're goal is to destroy this blog you are about to succeed. Want to whine about how evil Gore and the Dems are? Join the crack pot hippies.. I mean the Green Party.

The history of the left is a history of purists betraying the progressive movement so that they can feel good about their righteous selves.
by Populism2008 on Thu Sep 29, 2005 at 05:33:15 PM EST
[ Parent ]

The more I look at it (none / 0)


the more the vote total seems deceptive to me.  Roberts has a lot less of a charge or 'mandate' of what to do once on the Court than i.e. Thomas did.  Or Ginsburg.

The hearings basically amounted to a comparison between Roberts and Rehnquist, as I see it.  The power politics seem to me to amount to Bush and Republicans being conceded a Rehnquist replacement greatly resembling Rehnquist but lesser, a passive defender of the Rehnquist 'legacy' rather than aggressive.  This amounts to an interpretation and consequence of the feeble- but clear- hardline Republican election victory of just under a year ago.

The Roberts appointment sorted out the political past, all the residual political debts and favors and respect for legacies and such.  The O'Connor replacement game appears to me to be about where The People is and trend.  It links very strongly to the '06 elections on both sides.

My guess is that Bush follows Spector's advice and delays the next Supreme Court nomination until next summer.  I suspect Senate Republicans feel that there isn't strong enough consensus on their side at any level for anyone Bush wants to propose now.  They certainly want a stronger feel of where their supporters and the American mainstream are, or are going to settle, with next year's elections giving them plenty of worry whether they've got the electorate pegged right.

by killjoy on Thu Sep 29, 2005 at 02:02:59 PM EST

Re: The more I look at it (none / 0)

I think your guess on the delay is wrong... Most insiders are saying this week or early next.  Miers is the latest "frontrunner"... I would hope she is a filibuster...
by yitbos96bb on Thu Sep 29, 2005 at 03:52:52 PM EST
[ Parent ]

Mistakes, maybe... (3.00 / 1)

Whatever happened, we were straightup IGNORED by Senate Democrats. This vote talley would have been exactly the same 5 years ago when there wasn't a blogosphere.

The Party is going to have to be changed. Ruthless Progressives must emerge and take power, just as ruthless conservatives have done.

Yeah, Progressives are nice, open-minded people, but that needn't prevent us from being ruthless, even to the extent that we would support a guy like Lowell Weicker if he runs as an Independent against Joe Schmuckerman.

by Dmitri in San Diego on Thu Sep 29, 2005 at 02:07:59 PM EST

Re: Mistakes, maybe... (none / 0)

Look at the Senators that voted yea.   They were red state democrats from the south and west.   Look at a map and try and grasp reality.  At the end of the day democrats still have to win re-election.

What would you have these men and women do?   Fight the good fight, vote nay, and cede their seat to a republican next time around?

by dpANDREWS on Fri Sep 30, 2005 at 10:42:52 AM EST
[ Parent ]

The Biggest Mistake . . . (3.00 / 0)

. . . was the NARAL ad -- not for it's intent, but that it was factually incorrect. The shot the opposition in foot, and we never recovered.

That Chris Bowers should have ANY leadership roll in this is evidence of the rot and decrepitude in the Democratic Brain Trust.

Rethugs can lie with impunity, and will be called visionary leaders for their deceptions; if Democrats so much as say "not me" after farting, they will be crucified for it. Sad, but true -- these are the rules of the game.

Any factual misstatement will be used against the Dems, while the GOP can get away with murder.

Beyond that, much of the institutional Beltway Democratic party is STILL clueless as to the world we live in.

If the Democratic Senators who voted for Roberts had been generals in the Union Army, they would have been negotiating with the Confederates in 1864. We need leaders who understand that we are at war with the most dispicable bunch of GOP gangsters ever -- they are worse than Nixon, and the most corrupt leadership this country has ever seen.

Our team needs leaders like Grant, Sheridan, and Farragut -- we need visionaries like FDR.

Paul Hackett is the best model we have right now -- will the Beltway Dems ever understand?

by ck on Thu Sep 29, 2005 at 02:18:29 PM EST

The Biggest Mistake . . .was listening to Reid (none / 0)

Oh give me a break... all of two people saw it and it was factual in the sense that is showed where Roberts allegence lays. Kos has tried to scape goat NARAL for the CRISES OF DEMOCRATIC LEADERSHIP. Harry Reid promised a strategy come September and all he offered was "keep your powder dry".
Besides telling us how to live, think, marry, pray, vote, invest, educate our children and, die, the GOP has done a fine job of getting gov't out of our lives.
by Parker on Thu Sep 29, 2005 at 02:26:55 PM EST
[ Parent ]

Re: The Biggest Mistake . . . (none / 0)

I disagree with the statement the beltway Dems are clueless.  I think they fully understand what is going on.  I just think they don't really care... as long as they keep their little niche of power and the money and priviledges along with it, they will continue to act this way.  But you are right, we need to remove that crowd... Hopefully, Dean will find a way and not become one of them instead.
by yitbos96bb on Thu Sep 29, 2005 at 03:56:14 PM EST
[ Parent ]

Casey says he would vote for Roberts (none / 0)

Casey says he would vote for Roberts

The choice puts Pa.'s Democratic Senate candidate at loggerheads with liberal groups supporting him.

By Carrie Budoff
Inquirer Staff Writer

Democratic U.S. Senate candidate Robert P. Casey Jr. said that if he were a senator, he would support the confirmation of John G. Roberts Jr. to the Supreme Court.

After considering factors such as character, resume and judicial philosophy, and listening to Roberts' testimony before the Judiciary Committee, "I would vote to confirm him," Casey said in a statement issued by his campaign.

Casey's decision erases a potential contrast with incumbent Republican Sen. Rick Santorum, who says he will vote for Roberts when the Senate takes up the nomination today. Roberts is expected to be confirmed.

But it puts Casey at odds with some of the same liberal interest groups that are actively working on his behalf, including the AFL-CIO and MoveOn.org, which sharply criticizes Roberts in one section of its Web site and seeks contributions for Casey in another.

Several groups opposed to Roberts - MoveOn.org, the state AFL-CIO, and NARAL Pro-Choice Pennsylvania - did not return phone calls yesterday seeking comment.

The Santorum campaign and one of Casey's Democratic challengers, University of the Arts professor Chuck Pennacchio, who opposes Roberts, offered similar reactions yesterday. In an increasingly frequent line of attack, they said Casey's stance on Roberts shows yet again how Casey, who opposes abortion, gun control and federal funding of embryonic stem cell research beyond current levels, is scarcely different from Santorum.

The comparison is "wildly erroneous," said Casey's campaign manager, Jay Reiff.

"Using their twisted logic, the Democratic senators voting for Judge Roberts, like Senators Leahy, Landrieu and Feingold, must be the same as Santorum, too," Reiff said. "The assertion is ridiculous given all the differences between Bob Casey and Rick Santorum on myriad of issues, such as Social Security, the federal deficit and Iraq."

Berwood Yost, a pollster with Franklin and Marshall College, said Casey's choice is politically safe.

"Opposing Roberts runs a broader risk of alienating people who are in the middle," Yost said. "Pennsylvania voters are moderate."

Yost said the bigger challenge for Casey and other Democrats could be deciding on the next nominee, who will replace Sandra Day O'Connor, the court's key swing vote. Democratic National Committee chairman Howard Dean and several Democratic senators have already talked of filibustering the candidate.

"This one was a no-brainer, and it still seemed difficult for Casey to take a position," said Dan Ronayne, spokesman for the National Republican Senatorial Committee.

Casey was unavailable to comment yesterday. But through Reiff, Casey said he was initially concerned that Roberts would "bring an ideological agenda to the bench."

"Based on his testimony and statements, Bob Casey believes Judge Roberts adequately addressed this concern," Reiff said.

Casey used several benchmarks to reach his decision, Reiff said, including academic credentials, legal experience, and judicial temperament and philosophy. He declines to use an ideological litmus test, but does consider whether the nominee sits within the political mainstream, Reiff said.

"Judge Roberts is clearly a conservative, but it would be difficult to argue he is out of the mainstream," he said.

by judithsteinstevens on Thu Sep 29, 2005 at 02:56:57 PM EST

You did fine, Chris (none / 0)

Armando is a lawyer and he had a prominent role in messaging issues for Roberts.  I happen to agree with him that it is all about the right to privacy - which is not just a code word for abortion, but includes all sorts of family planning decisions, the right to die, freedom from government overreach, and so forth.

We should not let another judge through who fails to recognize that the right to privacy is constitutionally protected.  Simply acknowledging, as Roberts did, that various Supreme Court decisions over the years have protected privacy is not good enough.  We are entitled to know that this basic, fundamental right will not be infringed based on some silly theory that the word "privacy" doesn't appear in the text of the Constitution.

"Another problem we have...is that in election years we behave somewhat as primitive peoples do at the time of the full moon." --Harry Truman
by Steve M on Thu Sep 29, 2005 at 03:00:23 PM EST

Your mistakes weren't mistakes at all (none / 0)

Chris, you did yeoman's work. "Partisan hack" was just fine as a frame at first, since it was really the only thing that leapt off the page about a guy who's otherwise a cipher. I wish the frame had shifted, during and after the hearings, to "evasion and ball-hiding," what with the White House stalling the document dump and Roberts himself failing to say anything useful. It wouldn't have stopped him, but we need to set the bar high for the O'Connor replacement. But by that point, I think the CW was that it was a done deal anyway.

Which brings me to your second point... I don't think anyone with a legal background could have live-blogged it much better, seeing as how Roberts didn't say anything legally provocative. I mean, his testimony about the privacy rights was vague enough that everyone could hear what they wanted to hear in it (I admit, I felt vaguely heartened by it myself at the time), and he flat out refused to say anything useful about the Commerce Clause, executive power, or any area where the real damage will actually occur.

And even if there had been a more coordinated response in the blogosphere in general, I don't think it would've changed too many votes. I know we in the blogosphere like to think we're important, but I think Democratic senators are still more likely to listen to an advocacy group like People for the American Way -- who were already saying all the things that the blogosphere needed to be saying -- and even with all PFAW's inside-the-Beltway resources, I don't think even they really changed anyone's mind either. The only way the vote count could've really changed would've been if Harry Reid had decided to whip the vote hard. He didn't, so we got some strange votes of conscience (Feingold, Murray, et al).

by Crazy Vaclav on Thu Sep 29, 2005 at 03:30:20 PM EST

Biggest surprises? (none / 0)

I think only a few in the roll call were a surprise to me.

On the "Yes" column, Levin is a heartbreaker.  Even if you're in the "keep the powder dry camp", it's a surprise.

In the "No" column Biden is the most surprising to me.  Bayh is obviously pimping for a 2008 run.

What are your biggest surprises?

by fwiffo on Thu Sep 29, 2005 at 05:37:13 PM EST

Re: Biggest surprises? (none / 0)

I'm surprised by the "yes" votes of Levin as you mentioned, and also Dodd, Murray, Kohl, and Bingaman.  Feingold is trying too hard by half, in his effort to appeat a maverick.  It's no longer "cool."

The surprises on the "no" side were less.  But, I must say, that Stabenow (facing a potentially tough re-election) and Cantwell (also facing a potentially tough re-election) were sort of surprising.  I guess they must have calculated that keeping their bases happy meant more than appealing to right-leaning voters who like Roberts.  I think they chose wisely.

McCain is defining Obama, and Obama is neither defining himself, nor McCain. This is awful.
by jgarcia on Thu Sep 29, 2005 at 07:05:07 PM EST
[ Parent ]

Re: Biggest surprises? (none / 0)

Levin and Feingold are two of the most principled, "vote your conscience" guys in the Senate.  If they both voted yes, then they just see it different from how we see it, period.
"Another problem we have...is that in election years we behave somewhat as primitive peoples do at the time of the full moon." --Harry Truman
by Steve M on Thu Sep 29, 2005 at 07:21:29 PM EST
[ Parent ]

Re: Biggest surprises? (none / 0)

That's wishful thinking, Steve.  Sugarcoating of the highest order.
McCain is defining Obama, and Obama is neither defining himself, nor McCain. This is awful.
by jgarcia on Thu Sep 29, 2005 at 07:27:11 PM EST
[ Parent ]

Re: Biggest surprises? (none / 0)

Oh, I forgot.  My biggest surprise was Jeffords voting "Aye."  I was shocked.  I thought for sure Jeffords would never vote for him.  

Just think.  BOTH senators from VT voted yes.  I'll be glad when Bernie Sanders is in that seat.

McCain is defining Obama, and Obama is neither defining himself, nor McCain. This is awful.
by jgarcia on Thu Sep 29, 2005 at 07:28:53 PM EST
[ Parent ]

Tried To Tell You (1.00 / 1)

While it's true that the anti-Roberts case here didn't hold up that well, that was true at Kos & elsewhere, too. Even an organization with as many resources as MoveOn was sending around simplistic talking points that included such distortions as criticizing Roberts for a case he argued before the S. Ct., without mentioning Roberts won the case 9-0 with Ginsburg writing the opinion. There really was a "throw everything at him & hope something sticks" approach throughout much of the Democratic blogosphere, and that stuff was pretty much useless with the media & Senate.

However, the lesson here isn't just that you need better lawyers organizing the opposition to Bush's S. Ct. picks. From the 1st day, Roberts was always confirmable. That wouldn't have changed with better spin from his opponents. Without the Presidency or control of the Senate, a minority party can block only nominees who are truly beyond the pale & widely recognized as such. Roberts & most of the candidates mentioned for the 2nd slot aren't in this category & it is futile to try to portray them as extremists when the facts say otherwise.

I think folks have to also realize that attempting to get a nominee to indicate how he/she might rule, or what rulings he/she disagrees with, is not an effective tactic. If there was ever any doubt about the "Ginsburg precedent", published reports quote Justice Ginsburg as having said unequivocally that Judge Roberts was unquestionably right in not answering such questions.  

by SLinVA on Fri Sep 30, 2005 at 12:33:52 AM EST


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