The Political Spectrum

Dennis Coyle is back on NRO, and he suggests that Democrats ought to think twice before engaging in a filibuster. He also knocks down some of the more erroneous arguments that left-wingers have made about conservative opposition to Miers.

Two dubious arguments are now being bandied about: first, that conservatives rejected Miers on ideological grounds, so liberals should reject any conservative nominees. But the shocked opposition to Miers was overwhelmingly based on a perceived lack of qualifications to serve on the highest bench. Even the White House seemed slow to grasp that, as shown by the clumsy attempts to reassure skeptics that Miers was religious (hint, hint) and so would vote the "right" way. Of course, there was considerable uncertainty about her judicial philosophy, or if she even had or could have one, but that was a consequence of her lack of qualifications - there was no there there, on which to judge.

The second weak argument is that the conservative willingness to jettison Miers before a messy floor fight or even hearings belies the Republican mantra that every nominee deserves an up-or-down floor vote rather than endless suspension in procedural limbo. But the effect of dragging out the unwinnable Miers fight would have been precisely the same as the filibuster of a nomination, refusal to report it to the floor, or other delaying tactics - to prolong the agony for the nominee and needlessly extend a vacancy on the federal bench. Moving for a quick end to the Miers debacle and opposing filibusters both serve the responsible goals of getting capable persons on the courts and not letting nominees twist in the wind.

The big question remaining is whether Democrats will seek to filibuster the exceptionally qualified Alito, and thus gain by obstruction what they failed to win, albeit narrowly, at the ballot box. Many held their fire on Roberts, finding it better to appear temperate than to lose a shrill battle, and happily sat back as Miers was shot down by friendly fire. Whether the early hyperbolic accusations gain any traction will depend largely on whether the Gang of Fourteen will argue there are "exceptional circumstances" to justify a filibuster. But the only things exceptional about Alito are his intellect, demeanor, and experience. An early bluster of a fight may help energize the liberal base, but in the end most Democratic senators will not want to risk looking like fringe zealots.

A bipartisan majority in support of Alito could help build a bridge across the political divide, demonstrating that Democrats can put competence before ideology, as many Republicans did with Breyer and Ginsburg. The initial knee-jerk reaction by liberal interest groups and prominent senators has set the charges for the destruction of that bridge. We will see if they choose to light the fuse by pursuing a filibuster that, if they had the votes to sustain it, would in turn almost surely provoke moves to change the filibuster rules. If Democrats think the public will rally around the political destruction of an extraordinary nominee, they are mistaken: It would undermine, rather than help, their prospects going into midterm elections. Unless some senators come to their senses, it may be Democrats who are belatedly asking, "What have I done?"

Cross posted at Confirm Them.