Abortion is the biggest Democrat litmus test. Roberts failed that test in the eyes of Schumer, which is why Schumer voted Nay. Schumer told O'Reilly that he was disturbed by Roberts' view on interstate commerce. Don't be fooled by that, it's a diversion.
Well, I certainly hope you are right. It has always been my impression that abortion is *the* litmus test for *every* Democrat. Even if their constituencies are more conservative, the money is not. Thus the willingness of more than a handful to vote for him has niggled at me.
Don't get me wrong, I have been tremendously impressed with Roberts, and I don't think Bush could have chosen someone with more combined qualities of conservative judicial thought and ability to make it through the confirmation process.
I also hope that part of the Dem strategy in voting for him was in preparation for a scorched earth approach to the next nominee, should he/she be someone who would tilt the court towards strict constructionism...