Given how nasty the NYT, WP and other pieces of the media were back then, these two paragraphs are remarkable:
""Every day, I am pained that I didn't do more to try to block Justice Alito. Every two years, I look back and take stock of my greatest failings and regrets in the past Congress. Without question, my greatest regret in the 109th Congress was not doing more to block Alito. Alito shouldn't have been confirmed. I should have done a better job; my colleagues said we didn't have the votes, but I think we should have twisted more arms and done more."
There was an effort to filibuster the Alito nomination, led by Sens. Edward M. Kennedy (D-Mass.) and John Kerry (D-Mass.), but it did not have the vocal public support of Sen. Harry Reid (D-Nev.), then the minority leader, or Schumer or other members of Democratic leadership. While Reid, Schumer and all four Senate Democrats currently running for president voted to sustain a filibuster, they did little to actively support the idea and sometimes even mocked the effort. Only 25 senators voted to sustain the filibuster, and the next day Alito was confirmed to the seat on a 58-42 vote."
That is utter vindication for the leadership that Kerry and Kennedy showed then. One thing that I think of with regards to this is that in very early 2005, there was a huge whisper campaign that Kerry was acting as if he were one of teh Democratic leaders and this was annoying Reid. Now, the fact was, Kerry had earned the role of being ONE of the leaders and, in fact, it was reasonable for ANY Senator, even the most junior, to suggest that what was proposed wouldn't work. Contrast that to the 3 million threads, even before the general election ended, with what position Clinton should get in the Senate (Majority leader, the chair of HELP which belonged to Kenendy and she was fifth in line etc) and in teh cabinet (as happened).
If you look at the positions Obama and Clinton took, you can see that they are where Kerry had already been for months, especially on Iraq, terrorism, and global warming. Nothing would have made that dysfunctional Congress tolerable, but if, instead of trying to eliminate a Clinton rival, Kerry would have been better treated and listened to on Alito, where Schumer, Clinton and Reid were arguing nothing could be done, we likely could have had a successful filibuster. We would have had another pro-life nominee, but likely one without the completelyout of the mainstream views. Kerry's cloture speech included this:
I understand that, for many, voting for cloture on a judicial nomination is a very difficult decision, particularly on this Supreme Court nominee. I also understand that, for some of you, a nomination must be an ``extraordinary circumstance'' in order to justify that vote. I believe this nomination is an extraordinary circumstance. What could possibly be more important than this?
This is a lifetime appointment to a Court where nine individuals determine what our Constitution protects and what our laws mean. Once Judge Alito is confirmed, we can never take back this vote. Not after he prevents many Americans from having their discrimination cases heard by a jury. Not after he allows more government intrusions into our private lives. Not after he grants the President the power to ignore Federal law under the guise of protecting our national security. Not after he shifts the ideological balance of the Court far to the right.
As I have said before, Judge Alito's nomination was a direct result of the rightwing's vehement attacks on Harriet Miers, an accomplished lawyer whose only failing was the absence of an ideologically bent record. The rightwing didn't wait for the next nominee. The rightwing didn't leave any of the tools in their arsenal unused. The rightwing attacked with every option available to them to prevent Harriet Miers' confirmation, secure in their conviction that it was the right thing for them to do.
We believe no less. And we should do no less. We did allow the confirmation of three of the most objectionable appellate court nominees. There was no talk of prolonged debate on Chief Justice Roberts. Now we are presented with a nominee whose record raises serious doubt about serious questions that will have a profound impact on everyday lives of Americans. What on Earth are we waiting for?
Many on my side oppose this nomination. They say they understand the threat he poses, but they argue that cloture is different. I don't believe it is. It is the only way that those of us in the minority have a voice in this debate. It is the only way we can fully complete our constitutional duty of advice and consent. It is the only way we can stop a confirmation that we feel certain will cause irreversible damage to our country.
I will oppose cloture on the nomination of Judge Alito . And, I sincerely hope my colleagues will join me.
Many recent articles speaking of Kerry's current influence and good work, say that he "sulked" or "withdrew" after losing, nothing in fact was further from the truth. He returned immediately to the Senate (no over one month delay to lick his wounds like another candidate, praised by Halperin for her "toughness") and he led and led well - against party leadership that tried to prevent it and in spite of a media that mocked and ridiculed him. this in spite of the fact that he, unlike other losers, like McCain, had run a good, principled campaign that nearly won.