OPEN LETTER TO READERS OF THIS BLOG

[This message is not boilerplate: I wrote it myself.  I have also written it to individuals, not any email lists.  Please forward it as widely as you can.]

Dear Family and Friends,

We have now one last chance to make sure that Richard Nixon's legacy does not become the permanent scheme of US government: that is what's really at stake in the nomination of Samuel A. Alito to the US Supreme Court.  I write with a desperate (I consciously do mean to use that word) plea that you make three calls before noontime tomorrow (EDT): one each to the offices of Senators Harry Reid (NV), Russ Feingold (WI), and Chuck Schumer (NY).  They can all be reached at 877-851-6437.  I'll explain more in a bit why I want you to call these three Senators in particular.

As you likely know, the mainstream media have concluded that not enough people care to contest Judge Alito's confirmation, and on that basis repeatedly declared that his confirmation next week is "all but guaranteed."  Most Senators (whatever their party affiliation) probably believe that.  However, the Democratic members of the Senate Judiciary Committee have bought an extra week of time to strategize, and there is a very slight chance to swing their actions in this week.  Tomorrow (Wednesdsay) at lunch, the Senate Democrats are going to begin strategizing a collective response.

The conventional wisdom is that, because "the public" seem to have stopped caring about the confirmation process, a filibuster would be perceived as obstructionist, and hurt the Democrats in the midterm elections, in which they actually have a chance at reclaiming the Senate majority.  This logic is faulty on two grounds.  First, there are a full eight months until the election, and a filibuster now simply won't have that much staying power - especially if other issues boil over as much as they seem.  Second, a filibuster actually provides an outstanding opportunity for the Democrats to make a clear statement of what they (and supposedly "we") stand for, which is both sorely needed from them and is the only thing that can secure a majority come November.

You may have heard reports that the Senate Democrats are going to give up this fight and use that defeat to build momentum towards the election.  But the long-term damage Alito's votes on the Court would cause is worth making that defeat - if it is to be a defeat - as aggressively as possible.

This explains why I'm asking you to call Sens. Reid, Feingold, and Schumer (877-851-6437).  Sen. Reid, as the Democratic leader, will play the central role in moving the caucus as a unified body.  Sen. Schumer, as the chair of the Democratic Senate Camaign Committee (DSCC) needs most to hear how aggressive opposition to Alito's confirmation - even to the point of filibuster - can't really hurt and will actually help the Democrats in November.  The Senate Democrats must demonstrate that they are ready with backbone to receive the majority.  But neither Reid nor Schumer can be counted on to tell the US voting public the best story as to why this filibuster is necessary.  The person, in my opinion, who (1) can tell the best story and (2) is most likely to tell the best story is Sen. Russ Feingold.  He has the ability to articulate key differences between CJ Roberts (for whom he voted) and Judge Alito.  He has the credibility of having opposed both the PATRIOT Act and the AUMF (HJR 114).  And he can talk plainly when it most matters.

Even if you are not residents of NV, WI, or NY, you can make clear that in your message that you're calling them as someone whose vote will be necessary for regaining the Senate majority.

I will not go on now about why this is important and why it matters to fight until the very bitter end to prevent this.  If you need any explanation of why, please contact me directly and I am more than happy to give dozens of reasons.  They all boil down to this: Judge Alito's confirmation would guarantee that the immense re-projection of presidential power in the Bush Administration - everything from the energy policy task-force secrecy to the torture of detainees to the detainment of US citizens without trial to domestic spying on US citizens with warrant - will become the settled law of the land.  Judge Alito's confirmation - and highly likely votes to uphold the Bush vision of presidential authority - will accomplish everything that Richard Nixon wanted and could not achieve.

You have my eternal gratitude for your calls and email-forwarding in this urgent matter.

-Jeremy

ps: Please consider also writing a letter to the editor of a paper near you.