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01.29.06 -- 2:15PM
By
Josh Marshall

Sen. Obama (D-IL) said this morning that Democrats need to focus on convincing voters that "their values are at stake" in cases like the Alito hearings rather than relying on procedural gambits like the filibuster.

But I'm not sure I understand why it has to be either/or.

The fundamental challenge for Democrats on the judicial front is that these debates are too drowned in technical jurisprudential debates to really resonate with the public. So I think Obama is certainly right on that count. I would add that confirmation debates like this one tend to be focused on too narrow a set of issues. There's an elemental of Mark Schmitt's 'policy literalism' in play here.

But again, why does it have to be one or the other? I don't get that.

The nomination is a sop to the president's rightwing base. The man is a rightwing ideologue. He doesn't belong on the court. There's nothing to be ashamed of in doing everything possible to prevent his being seated if there's any chance of success.

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