Kennedy Flies Off the Handle
I'm trying to be a diligent student and type up my briefs for my afternoon class, but Senator Ted Kennedy (D-Margaritaville) keeps forcing me to stop my work. Kennedy just had a fit over some documents concerning Judge Alito's membership in CAP. He went heavy on the rhetoric very fast and demands that the committee go into executive session. He wants a vote on a subpoena for those records. Specter is pissed because Kennedy has apparently never brought this issue up with him (they're big on comity in the Senate). Specter says he'll consider it. Kennedy can't hear, so he thinks Specter just denied him. Kennedy demands an appeal. Specter says that there was no decision from the chair to appeal. This was a pretty heated exchange. This one's going to be on the news tonight.
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.
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.
