Kennedy Flies Off the Handle
Is Kennedy crazy enough to try to filibuster on this? Possibly. It would be a stupid move, because there is no way that enough Gang of 14 members will see this as an extraordinary circumstance. Kennedy pushes, the Senate passes the rule change, Alito gets through. Beyond Alito, all of the other Bush judicial nominees get through. That means that Judge Brown could be the next nominee if there is another vacancy. Kennedy is stupid if he does this. If this is mostly or all about Roe (and I think it probably is), Alito isn't going to matter much. There are only two confirmed votes against Roe, Scalia and Thomas. Even if Roberts and Alito vote to overturn, that's only 4 votes. You're going to risk the judicial filibuster over this? That would be nuts.