Following considerable discussion of a filibuster on conservative Supreme Court Justice nominee Samuel Alito confirmation, including the prospect of it being led by former presidential candidate John Kerry, the moderate-wing of the Democratic Party has once again refused to mount an effective opposition to a serious issue. Despite coming out the Senate’s Judiciary Committee with a narrow 10-8 vote with all Democrats opposed to Alito, yesterday 18 Democrats voted to end the debate on Alito, thus undermining the efforts of 25 Democrats that sought to extend the debate in a move towards a possible filibuster. Many Democratic and progressive groups have attempted to put a positive take on the failed filibuster by pointing out that Alito is likely to receive more “no” votes than any confirmed Supreme Court nominee in a hundred years and the success of progressive blogs moving the filibuster debate into the mainstream, ultimately the fact that the Democrats failed once again shows their inability to lead an effective opposition, which despite their best efforts, seemed likely given the defeated way in which they questioned Alito at his confirmation hearings.

Alito had come under fire by many for his involvement in a discriminatory group at Princeton, his legal views towards the use of foreign law, whether or not he believes Roe v. Wade is settled law, his rulings in environmental cases, his views on executive power, and past controversial statements. A number of progressive interest groups opposed Alito’s nomination, with some such as People for the American Way, arguing that Alito’s confirmation means that “the rights and liberties of every American will be threatened.”