The Stupidity of Ignoring Alito's Achilles' Heels
While those elements of the left still afflicted with strategic tunnelvision find Alito's refusal yesterday to call Roe v. Wade settled law dispositive of his nomination, it seems clear that the real chink in the Alito armor during these hearings is going to surround his personal bias: against women, and against people of color. Watching things, it is clear that the Republicans are far more afraid of this issue than anything having to do with abortion rights.
Good. It's about time someone other than a handful of folks of color started making an issue out of it. Since almost none of even the slimiest Republithugs can bring themselves to publicly embrace a known bigot, whereas they will happily sing Kumbaya in the town square with a rabid pro-choicer, no matter what the left thinks about it.
Alito's decisions are riddled with bias against women and people of color claiming bias and discrimation. Against married women. Against immigrants. This is true, all Republican screaming about US v. Kithcart (a case I will blog since they keep saying it means something it simply does not mean if you look at its subsequent history) aside.
Yet already, the left is saying that the CAP issue has "no traction" and was a "waste of time". Folks are *angry* that most of yesterday was spent on it. It's a "no big deal" - whether he actually believed in CAP, or just lied his ass off on his application for a job in the Reagan administration.
No wonder our side got rolled on Roberts. Folks are so stuck in trying to get the "big win" on things like abortion when no such win is possible. The public itself is not going to demand that Alito not be confirmed on the abortion issue. It will care about things like bigotry (yes, more than abortion; only the left seems relatively unconcerned about it), and overreaching of the President's power. Continuing to emphasize any subject where all points that can be made have now been made and all avenues of inquiry have been exhaused in a futile (and frankly silly, given the law itself) demand that Alito promise that Roe is settled, is what really is a *waste of time*.
We have yet to have a reasonable answer from Judge Alito on CAP, on the questions raised by his seeming endorsement of unitary executive theory, or even on the divergence between what he says about stare decisis and what he actually has done as a judge. Yet the mainstream left wing is already throwing in the towel on CAP merely because they couldn't find his name blaring on a masthead of the Prospect magazine (as if they would have, since his membership was *post graduation*; duh). Forget if we can actually do some damage to the nominee in the court of public opinion on this issue. We'll just give up, because it's "not important".
If the left doesn't t stick to the stuff that so far has actually hurt this nominee (and so far, the only bleeding wounds have been over CAP, his facile interpretations of stare decisis as they related to 3rd circuit precedent, and the Executive Privilege/unitary executive issue) we're guaranteed a reshaped Supreme Court when he's confirmed, with the only consolation for these so-called experts on leftist political strategy their retaliation against those who voted for him in '06 at the polls.
But all their threats of retaliation still leave us stuck with Associate Justice Alito for around the next 30 years.
And folks wonder why I'm on the verge of abandoning the traditional left, and the mainstream Democratic Party. Most of them have the strategic skills of a goat, unable to get past their pet issue or sing in any different note than that which they already sing. Yet in the face of a rather long history of defeat at this point, still insist they know what they are doing, and what is or should be "most important."
When in fact they have clearly forgotten that the most important thing in these situations is to WIN. And if taking up a banner you might not otherwise think important is what has the best chance of leading to a win, it doesn't matter, because you still have won.