Democrats cannot be conventional in opposing Scalito. If it just becomes Dem vs. Repub, lib vs. conserv, pro-choice vs. pro-choice, then that's a ground to fight on that this Bush White House will love.
Dems need to be attack from a different angle - going after the process of selecting this nominee rather than the nominee itself. What the main attack boils down to: "Would you let a sick patient hire a man for life?"
Bush's appointments of Roberts and Miers confused Democrats from what their true goal should be - opposing Bush. With Judge Sam Alito, known as 'Scalito' for his similarity to Judge Scalia, at least Democrats can be thankful that there is a force to unite Democrats and
even our Joe Lib's must oppose him. But how?
We must be unconventional. While we know its the role of the White House to make appointments, we must undercut that role.
But with a President this low in approval, with a President who is obviously taking orders from the Religious Right, a President whose Administration is under scrutiny for LibbyGate, we need to cut into the notion that the President should be making the call here at all.
In other words, the President and his White House right now should be regarded like a sick patient, and every decision he makes should be argued both on its merits and on credibility of the process.
Here are some lines that Democrats can be using for this purpose. Keep in mind, to set up the frame they should be used before Democrats even speak as to Alito's qualifications and positions:
"Right now, any decision made by this White House is suspect until the investigations are completed."
"This is not a serious nomination. This is just a way of distracting attention from the resignation of Cheney's assistant."
(BTW, new rule: Scooter Libby is now to ALWAYS be referred to as 'Cheney's Assistant' Thanks for your anticipated compliance.)
"Wait, hold your question there. It's not about the President's nomination. The President did not make this nomination. The Extreme Right Wing did."
"A lifetime Supreme Court nomination is not the place for the President to make up with his old political friends."
"It's a shame that an important process like choosing a person who will sit on the nation's highest court for life would be tainted by the White House being under investigation. At this point, let's put this nomination aside until the Congress can oversee this nomination process more."
So you get the idea. Attack the process and later attack the nominee. The line for Democrats to fight right now is a battle over whether the 'sick patient' in the White House should really be making a decision like this. With that frame in place we can get into all the delicious reasons Alito should not be placed on the High Court.