Alito and Teaching Donkeys to Sing
Jan 10
Matt Yglesias thinks that there is no reason to go to the mat over Alito. The gist of his argument is that defeating Alito would be useless because Bush would simply appoint a clone of him. The real goal should be, in Matt’s mind, wining control of Congress. That last point isn’t in dispute, but I think that Matt is being rather short sighted. Fighting Alito is both good for the country and good politics.
First, it should be noted that Senators are public representatives, not just members of a party. They have an obligation to provide their constituents and the nation with the benefit of their service. That means that is a Senator thinks Alito has a flawed understanding of the law and the Constitution, then that Senator has an obligation to oppose his nomination. A Supreme Court Justice is not a temporary appointment, and thus cannot be treated as any other political appointee. Opposition is a duty.
Which is also why it is good politics. Going to the mat — even to a filibuster — on this issue sends a clear signal to the American public about Democratic ideals and the willingness of Democrats to stand up for what they believe in. A lot of American politics is image manipulation; one of the reasons a spoiled rich kid who chose not to serve in a war he supported was able to beat a public servant and a decorated war hero was that he benefited form the general impression that Republicans are tough. Part of the reason Republicans got that reputation was their ability to use symbolic measures and losing battles to define themselves in the public mind. If the Democrats don’t start doing the same, then they will forever be at a disadvantage. But if they do start taking those steps, if they do start building themselves a recognizable and attractive image in the minds of voters, winning in 2006 and 2008 becomes much more likely. Standing for the legal and moral principles Alito opposes, at a time when all the media will be following the confirmation process, is a very good way to do just that.
And while it is likely that Alito will not be defeated, it is not for certain. And while it is likely that defeating Alito will lead to nothing more than another Scalia clone, it is not certain. If the Democrats base their case on Alito’s faulty legal reasoning if they make that case forcefully and well, they could convince the American public that having Alito or is clones on the Court is something that must be prevented. Robert Bork, after all, is not a Supreme Court Justice and Anthony Kennedy is. Matt may be correct in the short term — fighting Alito may be the political equivalent trying to teach a horse to sing or tilting at windmills. But it is vital for the long term prospects of the Democratic party.
And every once in a while horses learn to sing and windmills fall down.
#1 by Steve Plonk at January 10th, 2006
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#2 by LarryE at January 10th, 2006
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I’m sorry, maybe I’m being cruel, but I’ve really come to wonder why people think Matt Yglesias is an insightful commentator.