The Nation.



The Alito Failure

By Bruce Shapiro

This article appeared in the February 6, 2006 edition of The Nation.

January 19, 2006

Write a Web letter about this article.

What's a Web Letter?

Web Letters are continuously published e-mails from real people, signed with their real names. No registration is required. Each article page on The Nation includes a Web Letters link.

Read the best Web Letters on this page.

We're committed to publishing your comments as they are received. We place a red star () on the best submissions and may edit your e-mail for length or content. Your e-mail address will not be published or shared with any third party without your consent.

If you prefer, you may submit a letter to the print edition only.

We look forward to hearing from you.

  • It is quite comical of you to echo the declaration of various liberal organizations that "We are entitled to consensus nominees." The president is not obligated to do any such thing.

    Moderate nominees are chosen for two general reasons. In one scenario, the president concludes that it is his best interest (and maybe the "country's" as well) to select a nominee that will get a virtually unanimous confidence vote at confirmation. In the other case, the opposition is in the Senate majority, and is in position to deny candidates it deems "extreme."

    Elections are the X-factor in judicial nominations, not the "out of the mainstream" diagnosis. It was President Reagon's prerogative to elevate William Rehnquist to Chief Justice and appoint Antonin Scalia to Rehnquist's vacated seat, when he was re-elected in 1984. The Democrats used that same privilege following the 1986 midterm victory, when they turned down Robert Bork. Perhaps you also recall that President Clinton's mandate to reshape the High Court was undisputed. In fact, Senator Hatch recommended the staunchly pro-choice Ruth Bader Ginsburg to replace Justice Byron White, a Roe dissenter. Amazingly, the Democrats only had 55 senate seats!

    When the chessboard is reversed (Republican president and 55 Republican seats), the president needs 60 seats to put his imprint on the judiciary? The majority of the Democrats had the wisdom and humility to admit this notion to be absurd. If you are wondering why your allies failed to stop Alito, you are wasting your time and breath. The effort was doomed in Nov. 2004, when the Republicans took four senate seats in addition to four more years for President Bush. Progressive groups lost the short-term judicial fight when Senator Daschle's rump was greeted by an elephant's penis, instead of a warm, 6-year seat.

    Logain McMoore

    Chico, CA

    03/06/2007 @ 04:39am


Popular Topics
Most Searched

Issues »

Most Emailed

Issues »

Blogs

» Campaign 08

Obama Tears Down the Wall | Meeting the tallest of rhetorical orders, the candidate echoes the great communicator... and sounds, yes, like a president.
John Nichols

» Capitolism

TheNewKlan.Org | Bill O'Reilly says MoveOn is the new Klan.
Christopher Hayes

» The Beat

An Opening for the Constitution | The House Judiciary Committee's hearing on presidential accountability today marks the beginning of a process of renewal.
John Nichols

» Passing Through

Doing More With Less | Youth turnout expectations are higher than ever. So why is funding for young voter mobilization drying up?
Michael Connery

» The Dreyfuss Report

Maliki the Thug | He says he wants the US out, but a former Iraqi prime minister has other ideas about Maliki.
Robert Dreyfuss

» The Notion

Fox News Attacked by Rapper, Blackroots & Colbert (Updated) | Fox's worst nightmare: Liberal bloggers and Black hip hop.
Ari Melber

» ActNow!

Send Karl Rove to Jail | The former Bush advisor regards the law with contempt, so it's time the law and Congress hold him in contempt as well.
Peter Rothberg

» Editor's Cut

Rethinking Afghanistan | There is no easy answer but we need to think beyond the reflexive response of troop escalation in order to find sane and humane alternatives.
Katrina vanden Heuvel

» And Another Thing

McCain Opposes Contraception -- Pass It On | He's for Viagra and against the pill. Why won't the media cover this important story?
Katha Pollitt