Polls Left Alito Filibuster Wide Open to Democrats

We have watched in dismay over the weekend as too many Democrats remained unwilling to heed Senator John Kerry’s call to filibuster the Samuel Alito Supreme Court nomination. And we know that such political cowardice certainly can’t be the fear of going up against George W. Bush and what the public-relations hit might be from doing that.

A Los Angeles Times/Bloomberg poll released Friday shows Bush’s national approval rating still in the cellar at 43 percent and no amount of the president saying “war on terror” and “September 11” over and over seems to be changing that. Bush doesn’t look to me like someone the opposition party should be afraid to mess with.

So I decided to look at some polling numbers on the Alito nomination and the Supreme Court, hoping that the exercise might shed some light on why many Democrats won’t show any spine in blocking Bush’s ultraconservative nominee.

What I found left me even more perplexed and angry.

A Fox News poll taken last week shows that 53 percent of Americans believe either that Alito should not be confirmed (32 percent) or have no opinion (21 percent).

In a CBS News/New York Times poll, taken January 20-25, 16 percent of respondents had an unfavorable view of Alito. But most people didn’t have much of an opinion at all, with 23 percent undecided and one-third of all Americans saying they hadn’t heard enough to have an opinion. (But I’d wager a month’s pay that this same 33 percent has very firm opinions on the Natalee Holloway disappearance or the breakup of Jennifer Aniston and Brad Pitt.)

The same poll asked whether Alito should be confirmed by the Senate and, true to non-committal form, 49 percent responded saying they are “unsure” or “can’t say.”

And the rubber really meets the road with questions like this one asked in a CNN/USA Today/Gallup poll taken 10 days ago: "Suppose all or most of the Democrats in the Senate oppose Alito's nomination. Do you think they would be justified or not justified in using Senate procedures, such as the filibuster, to prevent an up-or-down vote on his nomination?"

That question showed us that 53 percent of Americans either flat-out support a filibuster or are unsure.

In early January, the same poll asked respondents what they thought of the political philosophy of the current Supreme Court. Only six percent said they thought the Court was “too liberal” while 29 percent said it’s too conservative. But, as with most issues surrounding Alito and the Supreme Court in general, there was mostly an open mind, with half saying the philosophy of the high court was “about right” or declaring themselves “unsure.”

Finally, a CBS News poll in early 2006 showed that 61 percent of Americans believe Senators voting on a Supreme Court Justice should “...also consider that nominee's personal views on major issues the Supreme Court decides."

No matter what public-opinion survey you look at over the last two months, they all lead to the same fundamental conclusion: That the American people are woefully uninformed about the judicial branch of government and can generally be convinced one way or the other on issues involving the Supreme Court.

What does that mean right now? It means that Senate Democrats sitting on the fence since Friday about filibustering the Alito nomination have missed the boat on a major opportunity to do the right thing for our country and achieve a major political victory at the same time.

One assumes the Democratic leadership has staff paid to look at numbers like I easily uncovered and to make recommendations like I would have made to their bosses – that they get out there, as publicly as possible, and make the case to the American people that Samuel Alito will tilt a judiciary that only a tiny percentage of the country believes is too liberal even farther in the opposite direction.

They should have been told – or had the political sense to see it themselves – that an easy case could have been made that this is yet another example of an arrogant president, drunk with unearned power, once again breaking his old campaign pledge to be a “uniter and not a divider.”

And they certainly could have prepared better to make those arguments in the public forum of the Senate Judiciary Committee hearings, so that blocking the destructive effect that Alito will have on our country would not have come down to a frenzied, last-minute effort.

That could have happened. But I guess it just all sounded like too damn much work.

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These polls are just indicative of the trend toward...

infotainment instead of news. When you compare(via the net)the various news sources, it seems obvious that the Rovian pull prevents the general public from knowing anything that might be useful.

For comparitive purposes, look at the CNN coverage of the first Iraq war and the present quagmire. CNN trying now to emulate FAUX to capture higher ratings share.

Grinch, does that mean that

Grinch, does that mean that they are "embedded" with each other?

Actually Bill, I tend to think of it as ...

IN rather than EM.

Folow the Alito 48 thread..

Make calls Monday AM (which is EXTREMELY powerful) ..

and use this poweful tool to STOP Alito!!!!

I know it's grunt-work, and theoretically we shouldn't have to do it --

but we do under the circumstances.

And if we do it could well work!

DO IT!!

Follow the Alito-48 thread here on this site.

Mo

Jeffords

His office said he's voting no on cloture, no on Alito. Another one!

Salazar

I just spoke to Salazar's office. They said at this point he is not supporting a filibuster.

Wyden, Murray, Cantwell

Thanked my Senator Ron Wyden, left messages for both Murray and Cantell in Washington State.

By the way, here's something you might find funny about Robert Byrd:

Robert Byrd Pays Stranger $150,000 for Brooklyn Bridge

Letter to DNC Gov Dean

Dear Governor Dean,

My fellow bloggers at Democrats.com and most of my friends and I are outraged at the recent performance of the Democrats with respect to the Alito nomination.

I'm in the process of reading Matthew Marcotte's thesis Advice and Consent: A Historical Argument for Substantive Senatorial Involvement in Judicial Nominations http://www.law.nyu.edu/journals/legislation/articles/vol5num2/marcotte.p...
I wonder how many Senators have read it.

Marcotte argues:

"There is a legitimate middle ground between Ackerman and his supporters' position [Ackerman said "when sitting justices retire or die, the Senate should refuse to confirm any nominations offered up by President Bush"] and the idea that Bush's nominees should be due the same deference as the nominees of any other president [even in light of the fact that it was the Supreme Court who ultimately resolved the question of how votes would be counted in Florida]. Both views are inconsistent with the history of how Supreme Court nominees have been scrutinized as part of the confirmation process."

I don't think my position hinges on which of these views is correct. The Democrats could have done whatever they felt strongly enough about doing - they could have extended debate indefinitely - and they could have framed it as the responsible thing to do, consistent with lots of historical precedent, instead of merely political posturing, but they didn't have the will and they didn't adequately plan for this historic event.

Democrats had the full power, even as a minority, to block Alito's nomination. Furthermore, according to the polls, Democrats could have won the support of the American people. My sense is this will go down on a "top 10 list" somewhere as an important opportunity missed, and one of the most severe lapses in judgment in recent history for the Democratic party.

Excellent letter, but it was

Excellent letter, but it was directed to the wrong group. Howard Dean and the DNC are working very hard to rebuild the Democratic Party from the grass roots upwards, and we at Democrats.com totally support his efforts.

Your letter would have been more accurately directed to Al From and his self-appointed (read unelected) Democratic Leadership Council. He, and his "New Democrat" supporters are openly critical of Howard Dean and the DNC, and THEY are the ones who have cost us elections, and defeats in the Congress.

If we are to reclaim our Party, and re-direct our energies towards returning to Democratic values and principles, we MUST overcome the corporate influence on the DLC and its members. The best way to do that is to work just as hard at replacing them, as we do at replacing neocon Republicans -- they are one and the same.

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