Crossposted at
Slingshot.org.
Senate Democrats have a gift for coming out of the gates, racing in the wrong direction. Senator Leahy did it with the Bolton nomination, signalling a white flag before the first shot had been fired. Now Senator Biden's done it on the Alito nomination:
A key Democrat said on Sunday that he expects the full Republican-led Senate to vote on U.S. Supreme Court nominee Samuel Alito without the threat of a Democratic filibuster.
But Sen. Joseph Biden of Delaware said a decision would not be made about such a possible procedural roadblock until more lawmakers meet with President George W. Bush's conservative nominee to the nation's highest court.
"My instinct is we should commit" to an up-or-down vote by the full Senate, said Biden, a member of the Judiciary Committee. "I think the probability is that will happen."
This is not acceptable. Senator Biden needs to hear from us on this one. His DC phone number is 202-224-5042. His email submission form is here.
President Bush has a policy against
negotiating with himself. When he starts a political campaign, his first step is usually his most aggressive, aimed at shoring up the right margin of any political debate. Senate Democrats like to start with a minimally acceptable position as their first offer. It's terrible strategy, leaving Senators with no room for give and take.
Democrats need to get documents on Alito, particularly documents from his time in Reagan's Solicitor General office. They need to sift through an enormous public record. They need to meet with the nominee 1:1. They need to ask public questions in the Committee hearings. Only then -- after Alito actually answers the Democrats' questions -- should anyone start talking about whatever electoral strategy they'll pursue in January 2006.
Signalling reluctance to go to the mat against Alito will embolden the administration to withhold documents and information. It will hurt the ability of both the people and the Senate to learn about Alito's record.