The way Supreme Court rules work, you need five of the nine justices to decide a matter.
We therefore need five justices willing to overturn The Evil Decision in order to allow the process of ending abortion in America to begin.
How many do we have now?
At least two (Scalia and Thomas). Possibly four (Roberts and Alito).
We need five.
Number five could arrive if Darth Kennedy flips back from the Dark Side, as some have suggested he might. (I’ve heard it rumored that he was unhappy with the way the Webster decision came out.) But I’m not holding my breath for that. He’s too enraptured of European liberal elites that he wants to read the American law in terms of what they do with their laws, which is as far as I am concerned an Impeachable Offense for a Supreme Court justice. (The Founders who had just fought and bled for American independence would have been aghast at the idea that European law should constrain American law in any way whatsoever.)
The most likely way to get five justices is through the retirement of John Paul Stevens (who’s eighty six) or Ruth Bader Ginsburgh (who has had health problems). One of these two retirements is probably probable in the next three years.
With the fifth anti-Evil Decision vote hanging in the balance, the forces of darkness will be doing all they can to MoveOn.Org their senatorial meat puppets into full obstruction mode, so we are likely to be looking at confirmation armageddon in the Senate.
Or not.
What I find interesting is how really badly the Dems shot themselves in the foot with their current strategy, and I’m not just talking about the Roberts and Alito confirmations.
As soon as Bush got into office the Dems started stonewalling his judicial nominees, and they started doing the unprecedented thing of using the filibuster as part of their obstruction efforts.
They did this to send a warning shot across Bush’s bow and convince him not to nominate originalists when it came Supreme Court time, because they would fight tooth and claw if he did that, as shown by their willingness to go filibuster when the stakes were even smaller.
But in reality this was a HUGE strategic miscalculation.
What using the filibuster that early in the process did was blog off the Senate Republicans enough to make them willing to ELIMINATE the filibuster for judicial nominees.
Now, barring a truly Miers-level miscalculation on Bush’s part, any SCOTUS nominee he sends up to the hill is basically unfilibusterable, as shown by Kerry’s recent disgrace of himself on the Senate floor.
The thing is: The filibuster strategy COULD have worked–IF the Dems hadn’t sprung the trap too early. If they had waited until Bush’s first SCOTUS nominee to use it then the Republicans would have been caught off guard and would not already have had time to get angry enough to eliminate the judicial nominee filibuster.
Bush then might have been cowed into sending up judicial rag dolls like Harriet Miers.
But–thanks to the powers of goodness–this fact was hidden from their eyes, and they brought about the effective end of the filibuster strategy before it could be deployed when it would matter the most.
As a result, the Dems need a new strategy (like winning control of the Senate) if they want to ensure that the Evil Decision remains firmly in place.




