This is a smokescreen on Daschle's part. He knows the backlash to this decision will be tremendous, that it makes his scheme to hold up Bush's judicial nominees look like an attempt to preserve an extreme liberal judiciary, and that the Democrats have to try to wash their hands of this as quickly as they can. But it won't stop them from trying to get judges identical in philosophy to the ones who wrote this decision.
If the Republicans can't get 5 Senate seats out of this decision, they deserve to lose.
What a hypocrite -- but, hey, it's an election year. Any zingers to the 9th Circuit are welcome, of course, even from scumbuckets who may change their mind tomorrow, after consulting Terry McAuliffe.