Posted on 01/16/2006 3:38:23 PM PST by RWR8189
Chuck Schumer reclines on the couch in his office on Capitol Hill, his stockinged feet propped up on the coffee table, a carton of takeout Chinese food perched precariously on his belly. Its late one night a few days before the start of the confirmation hearings for Samuel Alito, and Schumer is laying out the objectives of each side in the high-stakes game. For the Democrats, Schumer says, the goal of the hearings is almost metaphysical, or epistemological: Its to bring out the true Samuel Alito. And his job is to say as little as possible, but enough so that the public doesnt feel that hes answering nothing.
A little more than one week later, we all know how that worked out. For three solid, nearly interminable days, the Senate Judiciary Committees Democrats poked and prodded at Alito: about Roe v. Wade, privacy, federalism, executive power, and much else. And though they succeeded in demonstrating that Alito is charmless, humorless, and tediousthat he is, in short, no John Robertsthey failed to reveal anything about his judicial philosophy or ideological inclinations that wasnt already manifestly clear from his record long before the hearings began. Instead, their main accomplishment was to reveal themselves as befuddled, toothless gasbags.
Except for Schumer, that is.
Indeed, for Schumer, the Alito hearings marked yet another step in his improbable political ascent: from New Yorks favorite schlepper senator to national Democratic macher. Not even two years ago, people wondered if Schumer would run for governor. Now you watch him and wonder why he ever even considered it. See Chuck whisper in the ear of Minority Leader Harry Reid. See Chuck take over the Democratic Senatorial Campaign Committeeand with a zap of his manic energy and pragmatism help make it borderline plausible that the party might retake the Senate in this years midterm elections. Mention to Chuck that 2005 was an excellent year for himand listen to him crow.
Yeah, it was! DSCC was great. We met every goal. Every one of our incumbents is up by ten pointsand all of them are doing Chuck Schumers Sunday press conferences. I told Maria Cantwell [Washington], Bill Nelson [Florida], and Ben Nelson [Nebraska], youve gotta get out there and do it! You cant just issue stuff from Washington! I took some flak for backing [Pennsylvania pro-life Democrat] Bob Casey, but now everyone agrees that was a great move. So, yeah, its been a good year for me.
Important as the DSCC is to Schumers rise within the Democratic leadership, his role on the Judiciary Committee is equally so. Inside the Senate, its a source of institutional status and intellectual credibility. And in moments like the Alito hearings, it offers him an invaluable national stage. Chuck thinks that he can be the Senate Democratic leader some daythats what hes aiming for, says a senior party operative.
Schumer is at pains to insist that neither politics nor personal ambition fuels his zest for being in the thick of judicial-nomination battles. When I ask him about the intersection of his roles on the Judiciary Committee and at the DSCC, he scrunches up his face and shakes his head. I started on this crusade before the DSCC was ever a gleam in my eye, he says. My basic rule in politics is, have an internal gyroscope, do what you think is right. And then try to craft the message and the politics to help it happen.
Among some liberal judicial activists, of course, Schumers gyroscope has often been seen as an instrument that guides him inexorably toward the TV camerasand away from the substantive nitty-gritty. He has the smarts, he has the staff, he has the legal background, says one former Senate staffer. But hes more worried about how he looks than if hes going to win, and hes more concerned about how he sounds than if he makes his point.
During the Roberts hearings, in particular, complaints about Schumers straddling the fence, performing delicate political calculations, were legion on the left. The fact that he took so long to make up his mind about Roberts was a critical factor in the low vote total against the nomination, says another activist, still irked at the memory.
I was torn, Schumer says. When you sat down with John Roberts, you liked the guy. I felt like I was back at law school. I liked debating these issues with him. I learned from him. And even though I voted against him, I still like him!
Schumers reaction to Alito, by contrast, was altogether less giddy. In their single meeting (I requested three meetings with Roberts, and got them easily and promptly), the judge came across as less open, more defensive, Schumer says. And when he acquainted himself with Alitos past rulings and writings, he saw an uncomfortable parallel with a prior nominee: I dont think hes as far over as Bork, but he has elements of Bork in him.
The Thursday before the Alito hearings began, Schumer gave a speech laying out what would prove to be the Democratic road map in questioning the judge. As it happened, just two hours earlier, Ted Kennedy had covered similar ground in a briefing with reportersbut the briefing had not gone well. Kennedy, looking tired and haggard, had said in error that the Democrats had abandoned any thought of filibustering Alito. Schumers speech, meanwhile, was crisp and sharp and focused. Among some nomination politicos, the coincidence reinforced a sense, already growing, of a generational shift of leadership taking place on the committee.
Later, I asked Schumer if he thought he was inheriting Kennedys mantle. No, Im not, Schumer quietly said. Im not as liberal as he is. But then he added, He has basically said to me, You take the lead.
For Schumer, taking the lead in the committees hearings is no easy task. As the second-lowest-ranking Democrat, he must wait until six others have spoken before taking his turn. Yet in taking on Alito, Schumers queries were easily the most forceful and effectiveespecially on the first evening of questioning, when he succeeded in rattling Alito concerning his stance on abortion. When it was over, the conservative blogosphere was abuzz with worry (for the first and only time during the hearings), while Ralph Neas, head of People for the American Way, released a statement lauding Schumers performance as masterful.
Unfortunately for Democrats, Schumers competence was the exception to the rule. Pat Leahy, Dick Durbin, Herb Kohl: Not a single well-formulated interrogatory came forth from any of them. (As for Joe Biden, well, let us not speak ill of the unhinged.) |
And yet, for all of Alitos relentless discipline in speaking much but saying little, the judge did nothing to allay the fears of those possessing even a passing familiarity with his record. In virtually every area of controversy, Alito left the distinct impression that whatever views he had expressed in the past (on the regulation of machine guns, the strip-search of minors, an unchecked executive branch in an age of Bushian domestic surveillance) were the views to which he adhered still. Indeed, on Roe, he even refused to go as far as Roberts in according the ruling the status of settled law.
The trouble for the Democrats, of course, is that to defeat Alito would almost certainly require a filibuster. Its very hard, Schumer says. You have to persuade all but four of your colleagues to vote for the first time to filibuster a Supreme Court nominee. On the other hand, there is so much at stake for a generation; just because its hard doesnt mean you shy away from it.
In all likelihood, the Democrats will indeed shy away from it. To many of the partys leaders, the politics of 2006 are shaping up favorably with Alito off the radar. Iraq. Abramoff. Domestic spying. Why mess with a volatile and unpredictable issue that might blow up in their faces?
Though Schumer would never say as much, he no doubt sees the point. When I ask how optimistic he is about the Democrats prospects for regaining control of the Senate, he offers what has lately become his standard assessment. To take back the Senate is an enormous task, he says. If you wouldve asked me a year ago, I wouldve said, Its out of the question. Now Id say, If the stars align right, it could happen.
As Schumer knows, the stars are only part of the story. The alignment that actually needs to happen for the Democrats is deeper and more fundamental: a realignment of the party with an assortment of changing realitieseconomic, cultural, and geopolitical. The same, obviously, could and should be said of the GOP. Both parties are woefully out of whack with voters and the turbulent times in which we live. The world is changing, Schumer says. And Democratic New Deal politics has been gone for a while, but Ronald Reagan Republicanism is gone, too. The publics up for grabs, and whatever party forms the right viewpoint, both substantively and message-wise, will be the dominant party for the next ten years, at least. Everythings up for grabs.
The point isnt brilliant, novel, or piercingbut its essential all the same. Can Schumer do anything about it? We shall see. But that he grasps the nature of the project is at least a startand a reason for Democrats to hope that his ascension continues rapidly within their ranks.
The publics up for grabs, and whatever party forms the right viewpoint, both substantively and message-wise, will be the dominant party for the next ten years, at least.
Chuckie is right in this at least.
RULE Republicans!!!
FOX news just broke the blogosphere scoop that Kennedy unknowing used a satirical article "In Defense of Elitism" against Alito.
What an idiot. Thank God these bozos aren't in charge of Congress.
/edit
unknowingly used
If you have to TELL us Chuckie was great, he wasn't that great. Nice puff piece for Schumer's office wall, nothing more.
metaphysical ???
epistemological ???
This is just too funny !!!!
It sounds like a satire on Saturday Night Live. "What is your favorite word? Gore: Lockbox. Bush: Strategery. Schumer: Epistemological.
Bwahahahahahah ... who knew that nebbish meshugga schmuck was so funny....
That news is two days old. What took them so long?
I decided to watch Bremer on Meet the Press yesterday rather than watch Schumer on Chris Wallace/Fox. I cannot stand to hear one more syllable of unctious, sanctimonious, condescending, nasal pontifications from that jumped up little nobody who speaks to a sitting U.S. judge as if he is a POS. Who does he think he is? He is nothing. What achievements can he show that have helped his country? Where is his contribution outside being on the public feedbag his whole life? Just another liberal elitist who uses his position to bully.
I dont think hes as far over as Bork, but he has elements of Bork in him.
He says that like a Alito has a fatal disease
the briefing had not gone well. Kennedy, looking tired and haggard
"tired and haggard" my tush - he looked half in the bag, I am sure.
Took them 2 days to spin the mess of a hearing into a "victory for Chuckie".
ha ha ha ha.
Dream on, Chuckie.
****Later, I asked Schumer if he thought he was inheriting Kennedys mantle. No, Im not, Schumer quietly said. Im not as liberal as he is. But then he added, He has basically said to me, You take the lead. *****
Does this mean Kennedy wants Chucky to go off the bridge first?
Absolutely right. When Schumer asked Alito whether free speech was a Constitutional right and then about abortion, Alito proceeded to make Schumer appear to be a fool. Schumer then quickly chose to "Let's move on."
That's Schmuckie!
Has he checked in with the Clintons??? 'Cause they run the show, and if Hildebeast wants the job, you know the job is hers....
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