For conservatives, the judiciary is non-negotiable. They want surety, and Bush has now given them that in the person of Sam Alito.
Recent polls that have shown the President’s approval ratings dipping below forty percent (much to the media’s delight) were taken in the aftermath of the Miers nomination and reflect the disenchantment of the GOP base. Early this week, a Rasmussen poll taken after the Miers withdrawal showed the President with a 43% approval rating, indicating more Republican support. Given the unanimous accolades among conservatives for the Alito nomination, it is likely that the post-Alito polling with put the President back around the 50% mark.
It is also a fight that Republicans need because it is one they can win. Republicans have elected Senate majorities in every election since 1994 and they are longing for the leadership to act like a majority and to fight the important fights. Failure to fight and win when victory is possible will demoralize the party base.
The GOP Senate caucus seems to realize this. So far, two of the seven Republican members of the “gang of fourteen”, which brought us the filibuster compromise this past May, have committed to support Alito as well as to support a filibuster rules change if necessary. This almost guarantees at least fifty votes for such a course of action, with Cheney breaking a tie.
What we now can have is something else conservatives have wanted for a long time – a high-profile debate about the nature and role of the federal judiciary in the American system. Issues such as gay marriage and property rights are the most recent examples in a long string of abuses by an activist judiciary that have risen on the political radar screen. The President should welcome such debates, as they revolve around issues where conservatives (and the GOP) are on solid ground with the American people.
These are fights we can win – and the Alito nomination is a great place to start. Time to button up and do battle.
Ed:LisaM
Article comments
1 - The Fifth Dentist
You need to put down the crack pipe for a second. This presidency is toast.
2 - Bennett
"Republicans ... are longing for the leadership to act like a majority and to fight the important fights.
Well written, but with the leadership being investigated and indicted, I doubt that they will be able to do much of anything. They had their chance, and other than a refocus of NASA (which doesn't count because only a few people realize how important this move was), they've done little to endear themselves to the American voter.
Shaivo was a circus.
Katrina was an exposé on cronyism and incompetence.
Iraq, can you say "economy busting quagmire?"
Health Care? Social Security Reform? Immigration? Homeland Security? Torture of Detainees?
Aw man, I'm not sure the tide is going your way right now...
3 - JAM
Republicans are very evil people!
4 - Anthony Grande
Yeah, damn those Republicans. The don't stand up like the majority pary.
They should have let Shiavo's husband, with his new family, starve Terri to death while her parents watched in horror. Damn them Republicans!!!
Bush did not act on Katrina. The fact that he legally couldn't doesn't matter. Damn them Republicans!!!
Bush should have let Saddam be. Saddam was only trying to get nuclear weapons, he didn't have them yet. So what if he was killing his own people. So what if he was paying Palestinian terrorists. It is none of our business, yet. Damn them Republicans!!!
Them Republicans are ruining the system!!! We have to let social security go to hell. So we have something to blame the Republicans on later. Damn them Republicans!!!
And Home land security. Who cares if haven't been attacked since 9/11??? That doesn't matter. Damn them Republicans!!!
There are reports of soldiers harrassing TERRORSISTS. How dare those Republicans for not giving the Death Penalty to those soldiers who torture the terrorsists. Damn those Republicans!!!
And don't get me started on Health Care!!!
Republicans are the Devil!!!
5 - G. Oren
Drew McK - I think you're right about the tonic effect that this nomination will have for conservatives, it is the fight that we have wanted for a long time - laying aside the larger question of why the unelected judiciary has so much power in the first place.
As to Bush's presidency, he may see some rebound in his poll numbers, but there is more exhaustion and frustration within the GOP caused by W than a good appointment to the supremes can overcome. Fifth may overstate a little - but the movement is already looking beyond W - too much baggage to contend with. If Iraq turns out OK, it won't redound for Bush's benefit - there is too much incompetence to contend with. My thought is that conservatives are looking for another face - one not too tainted with W's negatives.
6 - Dave Nalle
Not to mention that the traditional Republicans are just chomping at the bit for the Theocons to prove themselves as truly loony and out of touch as we all know them to be, so that they can either be marginalized or driven out of the party alltogether.
Dave
7 - G. Oren
Dave makes a good point. As I've stated before, the fusionism project of National Review and Frank Meyer to link together the commonalities of libertarian and traditionalist conservatives was a shotgun wedding in the 60's, 70's and 80's; held together by common interest of anti-soviet foreign policy. The entrance of the new right in the late 70's, and specifically the religous right - with their johnny one note insistence on the primacy of abortion, prayer in schools etc.. - has put incredible strain on the GOP. The old line GOP - country club republicans and traditionalist alike - see the numbers and intensity these folks bring, but they are just as likely to shoot themselves and the GOP with their rhetoric.
It would be very difficult to marginalize the theo-cons in Texas (or at least West Texas), and to drive them out would be even more difficult. It would take sustained assualt by the moderate and traditional legs of the party - and would be hugely embarassing and confusing to the rank and file.