Reading Armando's diary and the reaction to it, it appears we are missing the forest for the trees.
First, the solidly conservative Rehnquist rather than the swing-voting Sandy is being replaced by Roberts. Roberts remains an unknown quantity. Even if he turns into another Thomas, we've broken even. If, as seems more likley, he follows a squishier brand of conservative judicial philosophy, it's a net gain.
Secondly, our opponent has misplayed his hand. Bush blinked in flipping Roberts to Chief. Bush had the chance to replace Sandy with what would likely be a more reliable conservative vote. When Rehnquist passed, he punted out of political expediency, choosing to avoid a messier confrimation battle.
Third, our resources in opposing these nominations are limited. And our ability to focus public attention on these matters is finite. Simply put, I do not believe we could have fought two nominations back-to-back. Even had our allies been able to raise enough money for an air war, by the second brawl the public would have been tuning out, writing the scrap off as politics as usual.
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