Senator MBNA Breaks Ranks on Alito

Whatever it is that Democratic leaders are planning behind the scenes, what they absolutely do not need are stories like this one, entitled "Democrat Says Alito Unlikely to Face Filibuster." (Or this one: "Biden: Alito Should Get Up-or-Down Vote.")
"My instinct is we should commit" to an up-or-down vote by the full Senate, said Biden, a member of the Judiciary Committee. "I think the probability is that will happen."I think that judgment won't be made ... until the bulk of us have had a chance to actually see him and speak to him," Biden told ABC's "This Week."
Why is this seemingly innocuous comment and the resultant headlines so irritating? Well, let's count the ways.
- In political chess games such as this one, especially involving nominations, momentum is a critical factor. The momentum behind Roberts developed quickly and quickly developed that aura of inevitability. The Miers nomination first failed to take off, and this presented the opportunity for its sabotage (notice that the other side, and needless to say it was the other side revolting against their own presiden that doomed Miers, is never afraid to take advantage of such opportunities). Alito, as I said above, is still hanging in the balance, and the possibilitiy of opposition coalescing is still present.
- It undercuts Harry Reid by displaying the usual utter lack of message discipline. Whatever the Senate leaders are planning, they do not need to have Biden go off script and provide headlines favorable to Alito. Nelson has already gone off the reservation, now, in a way, Biden has as well. Soon Rove may be able to point publically to Democrats that will get him up to 61 for cloture, and the battle will be over before it is begun.
- Up-or-Down Vote. Are you kidding me? The Far Right did not let Miers get to committee, much less have the supposedly constitutionally required upperdownvote. All of us knew that they would neverthless reintroduce it in their own inimitable way. Why the f**k should a Democrat, any Democrat, help them re-establish this frame? "See," they'll say, "even Democrats admit that the nominee has the right to an upperdownvote."
- Biden knew he shouldn't have said it the moment it escaped his mouth. Look at the full quote:
"My instinct is we should commit," said Sen. Joseph Biden, D-Del., minimizing prospects of the Senate maneuver that would prevent final action on President Bush's choice to replace retiring Justice Sandra Day O'Connor."I think that judgment won't be made until the bulk of us have had a chance to actually see him and speak to him. But I think the probability is that (a vote) will happen," Biden said on ABC's "This Week."
So Joe knows it is far to early to be saying this, that the entire process is still in front of them (and, we should add, the delay until January is unquestionably a boon to those who oppose Alito; the less quickly he is confirmed, the more can happen before then), but Joe has verbal diarrhea. He is musing allowed, talking to his good buddy George Stephanopoulos, two guys in the Insiders Club (losers anteroom).
But that's not how the game is played, and Joe knows that's how the game is played (or else he is phenomenally stupid). Joe just provided the Other Side with some valuable ammunition.
-- Stu
KEYWORDS: Joe Biden, Samuel Alito, Supreme Court, Senate Democrats
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