This should come as a surprise to no one, unless you are one of the Senate Democrats who had their heads buried in the sand between September 2005 and January 2006.
No Supreme Court nominee could be confirmed these days without paying homage to the judicial doctrine of "stare decisis," Latin for "to stand by things decided." Yet experienced listeners have learned to take these professions of devotion to precedent "cum grano salis," Latin for "with a grain of salt."
Both Chief Justice John G. Roberts Jr. and Justice Samuel A. Alito Jr. assured their Senate questioners at their confirmation hearings that they, too, respected precedent. So why were they on the majority side of a 5-to-4 decision last week declaring that a 45-year-old doctrine excusing people whose "unique circumstances" prevented them from meeting court filing deadlines was now "illegitimate"?
Somehow, "we told you so" is only part of the expression. I just wish that other Senators followed Kerry's call to filibuster Alito when they had the freakin' chance! Instead, we had to "keep our powder dry", or else a series of well-oiled conservative astroturf groups would spend money against our candidates in the 2006 midterms! Or else Chris Matthews and David Broder would chide Reid, Schumer, Leahy and Ted Kennedy for letting Mrs. Alito cry her crocodile tears even more!