Why do I say this? Because they have just indicated that any nominee Bush sends up need not answer any questions, the White House can withhold critical documents and generally that the Democrats have no stomach for a fight on this. Is the threat of a Democratic filibuster in any way credible now? Remember, Bush has the votes, 55 of them for any nominee he chooses, including Janice Rogers Brown, Priscilla Owen, Michael Luttig or any one he cares to choose.

So the vote goes 55-45 at worst for such a nominee. So what? Clarence Thomas is on the Supreme Court the last I looked. He was voted in by 52-48.

Roberts will get 80 votes now. And we know nothing about his judicial philosophy. Nothing.

Let me be clear. I had no illusions that John Roberts would not be confirmed. The fight NOW was for the NEXT fight. Dems needed to show spine now so that Bush would fear what they might do on the next one.

Who in their right mind would have any fear of the Democratic Senators now? No one. Even an idiot like Bush can see that.

One line that annoys me that I hear bandied about is that somehow this shows that "Dems will approve 'reasonable' nominees." For the life of me I don't understand that comment. Roberts may well be "reasonable," but how in the hell does anybody know?

Imagine this scenario. Bush nominates a conservative appellate court judge who has only 2 years of judicial experience, a history as a Republican partisan, worked at the Reagan White House and then in the Solicitor General's office. This nominee then basically cribs his "answers" from those provided by Roberts. Then what do Dems do? Because if you think Roberts is the only one of these Stepford judges they can find, you are sadly mistaken.

Believe it or not, Dems are left really with one argument - they approved of Roberts because he was Rehnquist's replacement and therefore did not need more information and would give the President more latititude on Roberts. On the O'Connor replacement, the Dems might argue, they need to be sure the nominee is in the O'Connor mold to retain the balance of the Court.

And with that argument, they MIGHT muster 40 No votes, maybe. But threaten a filibuster? After this surrender on Roberts? Please.

Bush now has a free hand to nominate whatever wingnut he pleases. What are the Dems gonna do? Fight? Don't make me laugh.

So, so long the right to choose. So long Congress' Commerce power. So long checks on Presidential power. So long civil rights laws.

Hello 1937.

And by the way, so long to the Politics of Contrast and Fighting Dems on social issues. The DLC has won by default. We are all "values" voters now.

from daily kos