“The Republicans have got to take a stand on this one,” said Pat Robertson, founder of the Christian Coalition and a proponent of a filibuster. “If they don’t, they can kiss their chances of ever getting back into power away,” he added…
“Do GOP leaders have the courage and integrity to filibuster an activist, pro-Roe[v. Wade] judge?” asked Terry, who argued that Democrats — including then-Sen. Obama — opened the door to such action after threatening to filibuster Justice Samuel Alito’s nomination in 2005.
Justice Stevens of the current court came in for a fair share of criticism (all justified in my view) for his expansive reading in Kelo v. City of New London (2005) of the “public use language.” Of course, the takings clause of the Fifth Amendment is as complex as it is short: “Nor shall private property be taken for public use, without just compensation.” But he was surely done one better in the Summary Order in Didden v. Village of Port Chester issued by the Second Circuit in 2006. Judge Sotomayor was on the panel that issued the unsigned opinion–one that makes Justice Stevens look like a paradigmatic defender of strong property rights.
Sotomayor is going to be confirmed. There is little doubt about it. So, going into weeks or months of paroxysms and hysterics about alleged “judicial activism” is just going to make the party look bitter, mean, tone deaf, and out of touch…
So, for the good of the party, after applying reasonable due diligence, we ought to be prepared to wave a white flag on Sotomayor, give Colin Powell a big bear hug and sincere thanks for sticking it out, and move on.