Neither let us be slandered from our duty by false accusations against us, nor frightened from it by menaces of destruction to the Government nor of dungeons to ourselves. LET US HAVE FAITH THAT RIGHT MAKES MIGHT, AND IN THAT FAITH, LET US, TO THE END, DARE TO DO OUR DUTY AS WE UNDERSTAND IT.
-- Abraham Lincoln at Cooper Union (1860)
What is the duty of the Democrats in the Alito matter? We need not concern ourselves with it anymore says Armando over at the Daily Kos, you know, Mr. "The Supreme Court Is Extraordinary." Like a fan who leaves in the Ninth Inning when the team is down by a couple runs, he has thrown up his hands, writing postmortems. It bears wondering if those on the fence, the number of which surely is not most obviously impossible [apparently, even non-votes will be enough ... sixty actual votes perhaps necessary for cloture] to speak of defeat days before it occurs.
Surely, not as a fait accompli. But, again, pathetic loser mentalities is endemic to the party and its supporters.* We gave it the good fight ... well, not really ... but we don't have the votes. etc. I ask those on the fence, bluntly, "Why are you Democrats?" After all, one can be a Democrat and live in Red or Purple America ... one can be a Democrat while being a war hawk or a supporter of a strong executive. But, some line must be drawn. The Republicans ... including Arlen Specter who the last time we had a swing vote situation with a controversial nominee (unless its the beard) was not only against the pick of his own party, but was a strong voice in the defeat ... are sticking together for party unity and power.
What is your principle? Hope for some crumbs from the Republicans? Sell out your principles for a bowl of pottage, perhaps? I refer to Esau selling his birthright to Jacob in the book of Genesis. But, perhaps, you say you still have your principles. Principles that do not require you to always oppose the President, etc. Such strawmen. Ah, again, where is the limit? Presidents should have their druthers in key Supreme Court picks ... and all other realms of executive power, I assume. This includes those that are known to be strongly opposed to basic Democratic principles such as strong civil rights protections, or even the very ability of the Congress to pass national legislation to deal with current problems.
It is strange to hear someone as gung ho about Senate privilege as Sen. Byrd supporting someone who is willing to negate such privileges in support of the so-called unitary executive aka royal kingship. Some suggest he fears re-election, though others point out that he really has no fear, given his long service and delivery of pork. Is his grand knowledge of history lacking to the degree that he is unaware of the ideological opposition to nominees throughout the years?
But, some do somewhat more legitimately fear sticking to their party's principles because of membership in Red State caucuses and so forth. But, said states voted for them in part to have them promote Democratic principles. And, simply put, judicial nominations are not known (other than atypical ones such as Thomas) to be such a great factor anyway.
[Some point out that heck Bush will only appoint another Alito clone. But, fight has been successful in the past, even without reminding one that Kennedy replaced Bork ... one might not like the guy, but Lawrence v. Texas will stand for the principle nominees by conservative presidents are surely not interchangeable.]
Finally, surely the people will forgive a small move toward principle, especially since Alito is likely to be confirmed anyway! Need they instead not only sit this out, but actively push against the party faithful? For what end? Just what do you stand for? This constitutional moment will help us find out.
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* I find it simply pathetic that we have to almost beg even the more partisan among us to show a bit of backbone. This leads to exhaustion of effort for nearly nothing. A sad state of affairs exists when we are supposed to be not only gleeful at crumbs, but scorned for being angry when we are denied them. After all, the other side is worse! Not to be melodramatic, but starve me long enough, and this does not convince. I rather be a bit more hungry while retaining my respect than have my stomach growl while groveling to the other side. How sickening.