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Kennedy Joins Kerry in Alito Filibuster

By Jeralyn, Section Sam Alito
Posted on Thu Jan 26, 2006 at 05:10:38 PM EST
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It's Official. Both Massachussetts senators, John Kerry and Edward Kennedy will attempt a filibuster against Judge Sam Alito. Kudos to them.

PFAW just posted a tool at Save the Court that allows you to customize the message below and fax it to 13 key senators. PFAW also advises that Sen. Bill Frist has laid down the cloture petition which ripens at 4:30 pm Monday.

There's also Senate Phone List here, with numbers to all the Democratic Senators and the key moderate Republicans. There are two toll free numbers - 888-355-3588 or 888-818-6641.

Kerry has written a post at Daily Kos outlining his position.

From Sen. Kennedy (received from his office):

Other than voting to send our men and women to war, there is no more important vote in the Senate than our vote on a Supreme Court nominee. This is a vote of a generation and a test of conscience. Judge Alito does not share the values of equality and justice that make this country strong. He does not deserve a place on the highest court of the land.

We owe it to future generations of Americans to oppose this nomination. If Judge Alito is confirmed, he will serve on the court long after President Bush leaves office, and the progress of half a century on the basic rights of all Americans is likely to be rolled back. He's the wrong justice for justice and the rule of law in America.

Markos at Daily Kos has analysis of the numbers.

And this just in from the Dems' Alito 8:

Three Democrats (Mary Landrieu, Ken Salazar, and Dianne Feinstein) oppose Alito but also said they oppose a filibuster. So we must persuade them that a vote against Alito is meaningless if they don't support a filibuster.

The best way to persuade them would be for the Democratic leadership (Harry Reid, Dick Durbin, Chuck Schumer, Pat Leahy, and Debby Stabenow) and the five Presidential candidates (John Kerry, Hillary Clinton, Russ Feingold, Joe Biden, and Evan Bayh) to form a Emergency Save the Constitution Committee and enlist the support of pro-choice, pro-freedom, and pro-democracy activists in Louisiana, Colorado, and California) to persuade their Senators to support a filibuster.

[Graphic created exclusively for TalkLeft by CL]

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    • Kennedy Joins Kerry in Alito Filibuster | 35 comments (35 topical)
    Re: Kennedy Joins Kerry in Alito Filibuster (none / 0) (#1)
    by Talkleft Visitor on Thu Jan 26, 2006 at 05:51:12 PM EST
    The Save the Court link is not working. [Thanks, I fixed it.]

    Re: Kennedy Joins Kerry in Alito Filibuster (none / 0) (#2)
    by Lora on Thu Jan 26, 2006 at 05:56:38 PM EST
    I read Kerry's post. He's not convincing me. He "supports" a filibuster. I think he's hedging to see which way the wind blows before he actually commits. I'm disappointed but not surprised. Why couldn't Kerry say, "I'll do whatever it takes to stop Alito from being confirmed, up to and including a filibuster." Let's see if someone else has the guts to do that so Kerry can follow along and take the credit, or if not, then Kerry can say, "Gee, I wanted to filibuster...but...oh well."

    Re: Kennedy Joins Kerry in Alito Filibuster (none / 0) (#3)
    by ras on Thu Jan 26, 2006 at 06:40:52 PM EST
    It's put up or shut up time for the Dems, I guess. Sailor, I read your comment about fb's and commitment on the prev thread. I'd respond there, but I'm STC, so I have to husband my replies. Anyway, well said. You & I will never see eye to eye on politics, and I disagree with you both on Alito, and on filibusters in general, but I can respect an honest statement of commitment nonetheless. Kinda refreshing, actually, compared to the usual run-of-the-mill excuses. If the D's fb, I think there's a 60% chance they'd lose. But if they don't, given their position to date, they lose more.

    Re: Kennedy Joins Kerry in Alito Filibuster (none / 0) (#4)
    by Edger on Thu Jan 26, 2006 at 06:57:49 PM EST
    The Senate will vote Monday on cutting off debate. If Alito's supporters get 60 votes in the 100-member body, the confirmation vote will follow on Tuesday. Link

    Re: Kennedy Joins Kerry in Alito Filibuster (none / 0) (#5)
    by squeaky on Thu Jan 26, 2006 at 08:27:13 PM EST
    Lora-Go read Digby's post.. I think he has a good point, that responds directly to your comment and how most of us are feeling about Dem leaders right now. And vote at the cnn poll. Can't hurt even if it is dumb cnn.

    Re: Kennedy Joins Kerry in Alito Filibuster (none / 0) (#6)
    by Edger on Fri Jan 27, 2006 at 12:35:28 AM EST
    From Digby's post: John Kerry stepped up today. Apparently, that isn't enough for some. He is still a "loser" in their eyes and is to be shunned. He didn't do it soon enough. Or he didn't do it right. Or he is nothing but a political opportunist. I'm beginning to think that some Democrats have gotten attached to their vision of Democrats as losers so they won't be emotionally shattered anymore. That's understandable. It's painful to get beaten. I'm not so sure that Kerry lost the election. In fact there are good reasons to think that he may actually and rightfully be the president, but for reasons unknown except to him chose not to pursue an exceedingly painful (for all) legal battle in November 2004: Analysis of an Electronic Voting System In the 2004 election George Bush was credited with 50.7% of the popular vote. John Kerry finished with 48.3% of the popular vote. That is a difference of 2.4% of the popular vote between the two. I think you'll find that difference is smaller than the average margin of error in most public opinion polls. More from Digby's post: Kerry and Kennedy stepped up today. They aren't going down without a fight. This is worth doing and if we lose it, we should reward them and those who stood with them with our gratitude and support not another round of complaints about how they are a bunch of losers.

    Re: Kennedy Joins Kerry in Alito Filibuster (none / 0) (#7)
    by ras on Fri Jan 27, 2006 at 01:05:36 AM EST
    Edger, Re your comment above ... like I said on another thread, posing is what's killing the Dems. Just stop, already, and say "Oops, we lost and it's our own fault. Now, how can we correct that?" See the diff?

    Re: Kennedy Joins Kerry in Alito Filibuster (none / 0) (#8)
    by Talkleft Visitor on Fri Jan 27, 2006 at 02:16:16 AM EST
    ras: Re your comment above ... like I said on another thread, posing is what's killing the Dems. Just stop, already, and say "Oops, we lost and it's our own fault. Now, how can we correct that?" If Republicans in some states are running crooked elections - and it looks extremely likely in Ohio, as it was in Florida in 2000 - then that is not the Democratic party's fault. How they can correct the problem of one party running crooked elections to gain office is to keep pointing out that the elections were crooked: how they was crooked: and what changes could be made to ensure that the crookedness of the elections does not happen again. Five years after Bush first took office, we know that had the 2000 election in Florida been run honestly, Gore would have been President from 2001-2005. Five years from now, we may be as certain about the results of the 2004 elections. But it's not possible to run a decent democracy on elections that are discovered to be crooked five years too late.

    Re: Kennedy Joins Kerry in Alito Filibuster (none / 0) (#9)
    by Edger on Fri Jan 27, 2006 at 04:23:53 AM EST
    Ras, Since you're in the mood for advice, here's a little to brighten your day: If I only had 4 posts a day to make I wouldn't be wasting them on meaningless drivel there, sport.

    Re: Kennedy Joins Kerry in Alito Filibuster (none / 0) (#10)
    by Edger on Fri Jan 27, 2006 at 05:12:00 AM EST
    Analysis of an Electronic Voting System [.PDF] Johns Hopkins University Information Security Institute Technical Report TR-2003-19, July 23, 2003. We discovered significant and wide-reaching security vulnerabilities in the version of the [Diebold] AccuVote-TS voting terminal found in [9] (see Table 1). Most notably, voters can easily program their own smartcards to simulate the behavior of valid smartcards used in the election. With such homebrew cards, a voter can cast multiple ballots without leaving any trace. A voter can also perform actions that normally require administrative privileges, including viewing partial results and terminating the election early. We identify several problems... We conclude that this voting system is unsuitable for use in a general election. Saturday, November 6, 2004 Election night... I was startled to hear the reporter detail how Karen Hughes had earlier sat George W. Bush down to inform him that he'd lost the election. The exit polls were clear: Kerry was winning in a landslide. "Bush took the news stoically," noted the AP report. But then the computers reported something different. In several pivotal states. "Exit Polls are almost never wrong," Dick Morris wrote. He added: "So, according to ABC-TVs exit polls, for example, Kerry was slated to carry Florida, Ohio, New Mexico, Colorado, Nevada, and Iowa, all of which Bush carried. The only swing state the network had going to Bush was West Virginia, which the president won by 10 points." Yet a few hours after the exit polls were showing a clear Kerry sweep, as the computerized vote numbers began to come in from the various states the election was called for Bush.

    Re: Kennedy Joins Kerry in Alito Filibuster (none / 0) (#11)
    by Edger on Fri Jan 27, 2006 at 05:47:48 AM EST
    Bush not only does illegal things, he is probably illegal himself, and his presidency is probably illegal. So now we have someone who very likely is not really president appointing one of his partners in crime to a lifetime position on the Supreme Court?

    Re: Kennedy Joins Kerry in Alito Filibuster (none / 0) (#12)
    by Talkleft Visitor on Fri Jan 27, 2006 at 07:22:38 AM EST
    I find it interesting that John Kerry is so concerned with Alito's pending confirmation that he ran off to Switzerland in order to lobby his fellow Senators by phone. Yeah, yeah, I know. He's at an economic conference. So what? What does Kerry know about economics other than how to trade up to a richer wife? And since when is it the duty of a U.S. Senator to attend such conferences when "an ideological coup on the Supreme Court," [his words] is underway? Kerry is simply showing, once again, why he is not fit for the Senate, let alone the presidency. He can't even bother to show up for work. This gets you fired at McDonald's, but in Massachusetts, apparently, it gets you put in line for a promotion. And then, as if to drive the nail into the coffin holding whatever notions anyone had that this man is a serious contender, he says "We can't afford to see the court's swing vote, Justice Sandra Day O'Connor, replaced with a far-right ideologue like Samuel Alito." Last time I checked, there is no "swing vote" on the court. It's certainly not a position defined in the Constitution. Calling Alito a far-right ideologue is a nice smear, but he's only far-right based on where Kerry himself is standing, which is so far to the left that the center looks like a right-wing pergatory. As for Teddy's latest tirade: "Judge Alito does not share the values of equality and justice that make this country strong. He does not deserve a place on the highest court of the land." What needs to be said? Ted Kennedy does not share the values of equality and justice that make this country strong either and he most certainly does not deserve a place in 'the world's greatest deliberative body". Sadly, the people of Massachusetts keep sending him to Washington, probably to protect their daughters who still live in-state, but that's their prerogative. In the end, this is all mere posturing for the cameras. Even Robert Byrd has wised up, and that's saying a lot.

    Re: Kennedy Joins Kerry in Alito Filibuster (none / 0) (#13)
    by Talkleft Visitor on Fri Jan 27, 2006 at 07:53:01 AM EST
    JP: ...yeah, I know. He's at an economic conference... What does Kerry know about economics other than how to trade up to a richer wife? Shorter JP: I love the smell of snark in the morning!

    Re: Kennedy Joins Kerry in Alito Filibuster (none / 0) (#14)
    by swingvote on Fri Jan 27, 2006 at 08:01:31 AM EST
    Shorter JP: I love the smell of snark in the morning! Translation: I have nothing of interest or intelligence to say, so I'll fling some mud! We could do this all day, Punisher (or, actually, you can; I've got better things to do), but it won't achieve anything but annoy the hostess. Kerry is a U.S. Senator, and if he honestly believes that a coup is taking place, he should be in Washington doing his real job, not cavorting in Davos, Switzerland. But we both know that John Kerry isn't at all interested in doing his real job; which is why he is once again absent from work (a long practice of his, I might add). This is political posturing for the rabid left-wing (talk about a group that is out of touch with the American mainstream!). Nothing more.

    Re: Kennedy Joins Kerry in Alito Filibuster (none / 0) (#15)
    by Talkleft Visitor on Fri Jan 27, 2006 at 08:14:49 AM EST
    JP: Translation: I have nothing of interest or intelligence to say, so I'll fling some mud! I was waiting for something to reply to that wasn't snark. JP: Kerry is a U.S. Senator, and if he honestly believes that a coup is taking place, he should be in Washington doing his real job, not cavorting in Davos, Switzerland. I didn't hear about the coup. I thought it was a bad SC nomination. The difference is important, so contain the histrionics. If you don't want to go to conferences, then don't go. If he thinks that he should be at one, then he should be there. I'm glad that Democrats care enough about the world economy to attend internation economic conferences.

    Re: Kennedy Joins Kerry in Alito Filibuster (none / 0) (#16)
    by swingvote on Fri Jan 27, 2006 at 08:24:40 AM EST
    I was waiting for something to reply to that wasn't snark. No, you pulled one small joke out of a larger comment and made a nonstatement in response. Classic Punisher. I didn't hear about the coup. I thought it was a bad SC nomination. Maybe you should try reading up on Senator Kerry's comments before you post your own, Pun. He's the one who used the term "coup" in regard to this nomination. Guess you missed that. The difference is important, so contain the histrionics. Do you think Kerry heard that in Davos? Do you think he'll stop calling this a coup now that you have spoken? I doubt it very much. If he thinks that he should be at one, then he should be there. Um, no. He SHOULD BE in Washington, DC, representing his constitutents in Massachusetts, a job he sought, received, and is paid rather handsomely for. There is nothing in the job description of a U.S. Senator which requires him to jet off to exotic locales for conferences. Consider what we have here: The situation is so serious, according to Kerry, that it warants being termed a coup on the Supreme Court and the filibuster of a nominee he knows he can't defeat. So he flies off to Switzerland instead of rallying the troops. Classic John Kerry; totally out of touch. I'm glad that Democrats care enough about the world economy to attend internation economic conferences. So am I, when doing so does not interfere with the important business of doing their actual jobs. This is not such a case.

    Re: Kennedy Joins Kerry in Alito Filibuster (none / 0) (#17)
    by Talkleft Visitor on Fri Jan 27, 2006 at 08:38:37 AM EST
    JP: No, you pulled one small joke out of a larger comment and made a nonstatement in response. Your joke. Your side-track. Your snark. me: I'm glad that Democrats care enough about the world economy to attend internation economic conferences. JP: So am I, when doing so does not interfere with the important business of doing their actual jobs. This is not such a case. Then you shouldn't vote for them. I like it when they go to Davos, so I will. I suspect that you're not trying to decide whether or not you will vote for Kerry. For anyone who actually might, they can read this from Digby: "John Kerry stepped up today."

    Re: Kennedy Joins Kerry in Alito Filibuster (none / 0) (#18)
    by swingvote on Fri Jan 27, 2006 at 08:47:26 AM EST
    Your joke. Your side-track. Your snark. Oh great, Another liberal wiith no sense of humor at all. Just what this site needed.

    Re: Kennedy Joins Kerry in Alito Filibuster (none / 0) (#19)
    by Talkleft Visitor on Fri Jan 27, 2006 at 08:55:41 AM EST
    "A sense of humor always withers in the presence of the messianic delusion, like justice and truth in front of patriotic passion" -H.L. Mencken

    Re: Kennedy Joins Kerry in Alito Filibuster (none / 0) (#20)
    by Slado on Fri Jan 27, 2006 at 09:12:57 AM EST
    Edgar I know things are grim but do you seriously believe Kerry might have or did win the election? As ras said earlier an honest argument can be made for the filibuster. I don't agree but I can deal with a reasonable argument. But to resort to "Bush stole the election" only shows that nothing will make you happy and you can't even admit that you've lost. How can you win when you don't even know when you've lost? -CS 2006

    Re: Kennedy Joins Kerry in Alito Filibuster (none / 0) (#21)
    by Talkleft Visitor on Fri Jan 27, 2006 at 09:33:20 AM EST
    Slado: As ras said earlier an honest argument can be made for the filibuster. I don't agree but I can deal with a reasonable argument. Slado, good comment and thanks for getting this thread back on track. Dems don't want Alito on the court. They want to keep him off. So the arguments for or against filibuster are political ones, right? Dems must ask themselves if they could sustain one? Would it be worth doing, even if they couldn't sustain one? What if, by some miracle, they did sustain one and killed his nomination, who would be the next nominee? Is there any reason to think that one would be more attractive to them? What if the next one was worse? Would they be able to kill a second nomination? Then what? Is that what you mean by arguments for and against filibuster? If not, what were you thinking of?

    Re: Kennedy Joins Kerry in Alito Filibuster (none / 0) (#22)
    by Edger on Fri Jan 27, 2006 at 09:33:46 AM EST
    Slado... Excuse me? Fifty-two percent of adults said Bush's administration since 2001 has been a failure, down from 55 percent in October. Fifty- eight percent described his second term as a failure.... The new poll also found that 62 percent of Americans said they are "dissatisfied" with "the way things are going" CNN/USA Today/Gallup poll

    Re: Kennedy Joins Kerry in Alito Filibuster (none / 0) (#23)
    by Talkleft Visitor on Fri Jan 27, 2006 at 11:03:12 AM EST
    Slado: I know things are grim but do you seriously believe Kerry might have or did win the election? There's considerable evidence that Bush stole the election, yes. To shut your eyes to it and pretend it's not there won't make it go away.

    Re: Kennedy Joins Kerry in Alito Filibuster (none / 0) (#26)
    by Talkleft Visitor on Fri Jan 27, 2006 at 01:43:27 PM EST
    I don't care who ya are...that's funny... Asked if the administration was taking Kerry's call for a filibuster seriously, White House press secretary Scott McClellan chuckled on Friday and said: "I think it was a historic day yesterday. It was the first ever call for a filibuster from the slopes of Davos, Switzerland."

    Re: Kennedy Joins Kerry in Alito Filibuster (none / 0) (#25)
    by Talkleft Visitor on Fri Jan 27, 2006 at 01:44:52 PM EST
    Edgar. I asked if you thought Bush hadn't really won the election. Not if he was popular. He has a 43% average approval. I admit that. He won the last election. Admit that. Punisher. Good thread. I think overall you bring up good points. Lets say they blocked Alito. Frist will more then likely alter the rules and forever alter the Senate. There's a 50/50 chance the dems get blamed for that and reality is that in 4 years when a dem is president and the senate/congress republican they will never be able to get another true liberal jurist through. That already might be in doubt because of their actions so far but a nuclear option and a fillubuster will just cement partisan lines and make life hell for a democratic president. What happens if after '08 the thre branches are still controlled by republicans? You can forget any moderate judges then. Say hello to three more Scalias. Lets say Frist wimps out. 50/50. So what does Bush do? Nominates a real Scalia. Or simply re-nominates Alito. Is Bush likely to back down? Ha. This will really screw any dem in a red state. I can see the adds now. The democrats want to control congress when they are the minority, we can't afford to give them that power blah, blah blah. I think "some" liberals are too focused on the near term, IE Alito and not on the big picture. Sometimes politics is about pragmatism, not ideology. Reality is republicans control the Senate and presidency. That means they get to put who they want on the Supreme Court. If dems want a Democratic president with or without control of the Senate in '08 to be able to nominate liberal jurists they should back down. Thankfully most dems in reality realize this and that a fillubuster won't fly anyway and will simply vote no and in the case of Kerry pretend they want a fillubuster when they know it can't happen. For me I hope they try one because when it doesn't work they'll look weak.

    Re: Kennedy Joins Kerry in Alito Filibuster (none / 0) (#24)
    by Talkleft Visitor on Fri Jan 27, 2006 at 01:46:08 PM EST
    John Kerry lost my respect ever since he reneged on his promise to have every vote counted in Ohio, and has yet to get it back. Digby says John Kerry stepped up to the plate. He hasn't. He just said he supports stepping up to the plate. If and when he actually does, I'll consider giving him respect.

    Re: Kennedy Joins Kerry in Alito Filibuster (none / 0) (#27)
    by Talkleft Visitor on Fri Jan 27, 2006 at 01:50:47 PM EST
    222: He won the last election. Only if we assume that the statistical anomalies out of Ohio - where every mistake somehow favored Bush - were meaningless; and if we assume that exit polls - universally considered reliable - were somehow utterly wrong on this one occasion. I'm willing to admit that (unlike 2000) we cannot prove who won or lost the 2004 election. But no more than that. Until the evidence is examined, all we can fairly say is: we don't actually know who got more votes, therefore we don't know who won.

    Re: Kennedy Joins Kerry in Alito Filibuster (none / 0) (#28)
    by Edger on Fri Jan 27, 2006 at 03:07:22 PM EST
    222: Lets say they blocked Alito. Frist will more then likely alter the rules and forever alter the Senate. There's a 50/50 chance the dems get blamed for that and reality is that in 4 years when a dem is president and the senate/congress republican they will never be able to get another true liberal jurist through. Typical. When all else fails, including imagination, don't let the facts confuse you. Just insult the people with the assumption that they are stupid, and keep selling that old time fear... Hey, it worked before didn't it? They must be friggin' dumb enough sheep to buy it again. Why not. It works on the repub base every time. Yeah, that's the ticket...

    Re: Kennedy Joins Kerry in Alito Filibuster (none / 0) (#29)
    by Talkleft Visitor on Sat Jan 28, 2006 at 08:48:27 AM EST
    The far left liberal democrats need to get over it! Your side lost the election. President Bush won and it's his right to nominate whomever he wants. Judge Alito is a good judge and a good man, who will interpret the Constitution and not legislate from the bench. Also, the far left needs to stop undermining our nation just to get revenge on President Bush. Why do you think we have not had another major attack on the US since 9-11. The NSA must be doimg somethimg right. If they are tapping your phone there must be a suspected terrorist calling. Let's not expose all our surveillance techniques to the enemy. With over 4000 illegals entering our country every night we may already have someone here with the big bomb! Wise up guys before it's too late. Your hatred of President Bush can't come ahead of our national security!

    Re: Kennedy Joins Kerry in Alito Filibuster (none / 0) (#30)
    by Edger on Sat Jan 28, 2006 at 09:05:00 AM EST
    see?

    Re: Kennedy Joins Kerry in Alito Filibuster (none / 0) (#31)
    by squeaky on Sat Jan 28, 2006 at 09:25:07 AM EST
    edgar-did you mean 'seig heil'. If not it seems equally apt. If jowaba is representative of most wingnuts they should just change the name of the party to NSDAP.

    Re: Kennedy Joins Kerry in Alito Filibuster (none / 0) (#32)
    by Edger on Sat Jan 28, 2006 at 09:41:58 AM EST
    Squeaky, Yep. ;-)

    Re: Kennedy Joins Kerry in Alito Filibuster (none / 0) (#33)
    by Edger on Sat Jan 28, 2006 at 09:50:50 AM EST
    jowoba: The NSA must be doimg somethimg right. If they are tapping your phone there must be a suspected terrorist calling. What's your telephone number, jowoba? Next time I visit Iran I'll give you a call, just a friendly call to let you know how things are going, hey buddy?

    Re: Kennedy Joins Kerry in Alito Filibuster (none / 0) (#34)
    by Talkleft Visitor on Sun Jan 29, 2006 at 06:52:06 PM EST
    edger. It's jowaba not jowoba. My number is not available to everyone. If you should get it and call me from Iran and your on the NSA list as a suspect they had certainly better tap my phoneline. Thank God for the USA. Let's keep it safe.

    Re: Kennedy Joins Kerry in Alito Filibuster (none / 0) (#35)
    by Talkleft Visitor on Sun Jan 29, 2006 at 07:01:56 PM EST
    jowaba: ...call me from Iran and your on the NSA list as a suspect they had certainly better tap my phoneline. Oh, ok, humor. So there probably is a person in there somewhere. Based on his prior comment,
    ...get over it! Your side lost the election. President Bush won...
    I wasn't sure if jowaba was an actual human writer or if his words were being produced by the wing-nut "random comment generator."

    Kennedy Joins Kerry in Alito Filibuster | 35 comments (35 topical)