Well, there might be some good news on the Alito front: Senators Kennedy and Kerry are seriously considering filibustering the Alito nomination. Inspired by dadahead's argument that the Democratic 'strategy' really doesn't seem any different than if the Democrats were intentionally trying to lose to the Republicans on every issue, I want to ask a simple question:
According to a NYT article (http://www.nytimes.com/2006/01/27/politi cs/27judge.html) President Bush, in yet another example of the Republican party's dirty tricks, has nominated the chief prosecutor on the Jack Abramoff case to a federal judgeship. Democratics are understandably up in arms and demanding a special prosecutor to be appointed; Republicans aren't at all keen on the idea.
If the Dems think Frist has 60 votes for cloture (and, please God, there are some Dems who can actually count votes!), then that's all the more reason to try a filibuster.
Because, if so, the nuclear option is moot this time. And the only risk for Dems is failure. And, let's face it, that's not a state of affairs they're unused to!
Just the sheer relief among the base that Congressional Dems have taken the fight to the GOP will make it worthwhile.
So let's get a few things straight here. Sure, The Washington Post editorial board has come out for Alito's confirmation, but that's about it. The New York Times is opposed, as is the not-so-liberal New Republic. Even 'Gang of 14' member Joe Lieberman has refused to rule out a filibuster.
My point is not that any Democrats should be taking marching orders from the traditional media or the DLC. Rather, with the DLC officially in opposition, even the most conservative of Democrats have the political cover they need to vigorously oppose Alito's confirmation. The DLC's Ed Kilgore echos his organization's position at his New Donkey blog.
Armando already pointed out something important Kilgore had written about the confident support Alito has won from anti-choice activists. If any single factor has the potential to seriously derail Alito's momentum, that's it. But from a larger perspective, Alito's hostility to privacy rights is just one piece of a much larger, quite disturbing picture of his brand of rightist judicial activism.
This is a moment of unity for the Democratic Party. I hope we're able to capitalize on it. There's quite simply no reason for any elected Democrat not to oppose the confirmation of Alito.
As the No. 2 Democrat in the Senate, it's Durbin's job to count votes for and against Alito. He said he won't know until Tuesday if there are enough strong opponents to filibuster Alito's nomination.
"A week ago, I would have told you it's not likely to happen," Durbin said. "As of [Wednesday], I just can't rule it out. I was surprised by the intensity of feeling of some of my colleagues. It's a matter of counting. We have 45 Democrats, counting [Vermont independent] Jim Jeffords, on our side. We could sustain a filibuster if 41 senators ... are willing to stand and fight.
"We're asking senators where they stand. When it reaches a critical moment when five senators have said they oppose a filibuster, it's off the table. It's not going to happen. But if it doesn't reach that moment, then we'll sit down and have that conversation."
At The Nation, Bruce Shapiro explains why it is so important that Democrats do not give up fighting against the Alito confirmation. Essentially, there is no reason that it shouldn't be clear that Alito's positions are those of a judicial extremist.
That constitutional crisis is why the politics of Alito's confirmation do not end with this week's hearing. The judge himself made that certain. Over the last several days I have described Alito's clear indications in his testimony that on sexual privacy, the power of the executive, even the authority of Congress, he appears at odds even with the conservative mainstream.
Likewise, Steve Gilliard makes an incredible case for continuing the fight. I wholeheartedly recommend reading the entire post, but here's what I consider the operative section.
Politicians are like any other person seeking public favor, they respond to their voters.
So the next act in this drama is to make a stink, call your elected officials, your Senators and ask them point blank about Friday's Times editorial, the one which claims Alito will vote to overturn Roe, and then ask them if they are going to do anything to stop him.
Now, personally, this moaning to the media is counterintuative, after all, why piss people off by claiming no fight. Not even DC Dems are that clueless. And of course, everyone expects them to fold. So why announce it so early, when you know the GOP is growing more unpopular by the day.
But regardless of a genuine collapse or gamesmanship, there has to be a sustained public outcry, win or lose. There has to be pressure put on the Dems to do whatever it takes to oppose him, and that starts with you calling your Senator.
With a Democrat like Diane Feinstein openly saying that she does "not see a likelihood of a filibuster," it makes our job that much harder. But it also makes our job that much more important as well. We need to make it clear that confirmation for Alito is not acceptable to moderate Americans. Not only do we need to convince the Democrats, but also shaky Republicans who need to win Democratic votes. So let's get to work. Stopping Alito is something we should now throw our full support behind. And despite what you may have heard, it's not yet out of the question.
So of course I found Feingold's request even more important in the aftermath of Lindsey Graham causing Alito's wife to have a breakdown. It's a well-established fact that Graham was involved in the preparations. Some have wondered whether or not the spectacle of Alito's wife crying during the hearing was something that was rehearsed before hand, as the right-wing message machine blamed the whole thing on the mean ol' Democrats, even though it was a Republican who set her off. I can't claim to know either way.
What does bother me greatly is that Graham's name does not appear on the disclosure list of those in attendance at Alito's murder boards. Here's a graphic file of the PDF posted by Think Progress.

Am I missing something? Unless I'm wrong, this is not a full and accurate list of the people involved in preparing Alito for the hearings. And as Kos points out, disclosure of the names of those involved is a very serious subject, as it raises some real ethical questions. Here's hoping the full list -- the real full list -- is released soon.
We can still beat Alito, even if the odds are against it right now. Winning the post-hearings spin is important in this process, so check out Bill Scherr for some really good post-hearings messaging.
I would like to give a big thanks to everyone who helped me out in DC this week, and a big shout out to the blogopshere in general. I think we did a much better job this time than we did on Roberts. There is still some real opposition left in this country.
Finally, I thought that Senator Kennedy's statement today at the end of his questioning was a very good summary of why Alito should not be confirmed. I have included it in the extended entry.
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