As you probably heard, President Bush announced today that Judge Samuel A. Alito, Jr. is his next nominee to fill O’Connor’s seat on the Supreme Court. I am reserving judgement on the Judge Alito until we know more about his record, although at first glance he seems like a reasonable nominee. He’s been an appellate judge for over fifteen years, he seems to be well liked and well respected among the judicial community, and at least so far no one has come up with any rulings that are too off-the-wall. And unlike Roberts and Miers, he has a significant paper-trail, so we are likely to hear quite a bit about him over the next few months.
Politically, this nomination was a bit of a risk. President Bush wanted to get another name out into the public eye quickly, if nothing else to push the scandals, mistakes, and tragedies of last week off the front-page. So far, so good. And certainly no one can accuse Judge Alito of being unqualified or a Bush crony. He’s been an appeals court judge at the federal level for over fifteen years; you don’t get better qualifications than that. He has also been through a confirmation process before. By rushing the nomination, however, they run the risk of not fully vetting the candidate; it increases the possibility that Judge Alito may have some skeletons in his closet that could derail the nomination and further embarrass President Bush. Also, because Judge Alito has such an extensive and public judicial record, there is some possibility of finding some things that he once wrote or said that will come back to haunt him now.
As for the politics of it all, well, so far everyone is seeing in Alito what they want to see. Moderates on both sides of the aisle are cautiously optimistic that Alito could be moderate enough to have a smooth confirmation and allow the Senate to get some real business done pretty soon. Radicals on both sides are hoping that he will prove to be so conservative that he will force a knock-down drag-out fight that could fundamentally alter forevermore the way that the Senate confirms judges. If that happens, keep an eye on the gang of fourteen:
John McCain (R-AZ) will support, at least publicly, if he has any hopes of running in 2008.
Lindsey Graham (R-SC) has already given unconditional support, which is not surprising, and indicated that Judge Alito is not the extremists that he had in mind when he signed off on the compromise; he was the most conservative of the gang. Also on the judiciary committee.
Michael DeWine (R-OH) Has expressed support for the nomination already, and is a member of the judiciary committee. If the nomination is filibustered on the Senate floor, however, keep an eye on both him and John Warner (R-VA); they will be the swing votes on any Republican attempt to change the filibuster rules.
Olympia Snowe (R-ME), Susan Collins (R-ME), and Lincoln Chafee (R-RI) could decide to buck the president on this nomination, if they so choose. If the hearings go poorly for Judge Alito, these three could make life very difficult for the nominee on the Senate floor. Don’t expect any of these three, nor McCain for that matter, to support any attempt to eliminate the filibuster.
Joseph Lieberman (D-CT) is the wild card on the Democratic side. His support for Alito would seal the deal; his public opposition could signify that a filibuster is in the works. Expect him to play his cards close to his chest, however, until well into the confirmation hearings.
Ben Nelson (D-NE) will also be an important player in all of this. He was reportedly the Democrat most responsible for putting the Gang together. He doesn’t carry enough weight or seniority to make as big a splash as Lieberman, but if he supports Alito (and there will be significant pressure on this conservative Democrat from Nebraska to do just that), a filibuster would become extremely difficult.
Expect the other Democrats in the gang–Robert Byrd (D-WV), Mary Landrieu (D-LA), Daniel Inouye (D-HI), Mark Pryor (D-AK), Ken Salazar (D-CO)–to follow the party line on the filibuster, but to vote for the nomination should he come through the committee unscathed. That being said, Byrd could find himself in quite the bind; he is facing a more significant than usual challenge in 2006, and has to be careful about being perceived as too liberal.
Finally, the most important role in all of this, of course, will be played by the Chairman of the Senate Judiciary Committee, Arlen Specter (R-PA). Specter will play the loyal Republican soldier in the public eye, for now, and will do nothing to impede Alito’s progress through the committee. But if this whole business comes to a contentious floor fight or a potential filibuster, Specter had better be convinced that Judge Alito will be respectful of precedent, especially on Roe v. Wade. Specter’s a smart guy, he enjoys going on television, he’s popular with moderates across the country, he has no intention of running for President, and he was attacked ruthlessly by the Religious Right during his last primary campaign because he is pro-choice. If push comes to shove and Specter is not fully convinced, he could make life very hard for the nominee.

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