Teddy Kennedy and Samuel Alito are having a passionate affair. It's really the only explanation that makes sense.

(h/t: Goldstein, who as I understand it does not endorse my theory)

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. . . is being decided right now," he tells me. "And people are oblivious."

"What's the issue?" I ask.

"The limits of Executive Power. The relationship between Congress and the President. I care about that much more than I care about abortion."

This clarified things for me enormously, because I had thought the big issues of the day were things like:
1) whether/how Israel will survive;
2) whether parts of Asia or the Middle East were going to be annihilated in a nuclear war;
3) whether terrorists would succeed in taking out both the White House and the Capitol building at the same time, thereby effectively decapitating the government of the United States as the 9/11 terrorists attempted to do;
4) whether Europe would remain Western and liberal in its outlook, or whether it would instead be overtaken by the unenlightened segment of it growing Muslim populations, and
5) just how much bloodshed there would be in the growing conflict between Islamism and Western-style liberalism.

But, no. Apparently the issue is that Bush is packing the Supreme Court with justices who will give him a little bit of latitude in fighting this war, though he hasn't approached the liberties FDR took with the system—much less those Abraham Lincoln felt forced to take in keeping the Union together.

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From the New York Times:

Few Democrats or analysts said they thought that Judge Alito's nomination could ever be blocked. "It may be a mistake to think that their failure demonstrates that they necessarily did something wrong," said Richard H. Fallon, a professor of constitutional law at Harvard Law School. "As long as most of the pubic will settle for evasive or uninformative answers, maybe there was nothing that they could have done to get Alito to make a major error."

Amazing. Apparently, Ruth Bader Ginsberg just appeared on the Supreme Court one day, like Venus on the half-shell. Or Fallon had a dream in which she answered the sorts of questions Alito didn't.

Or, most likely: nominees appointed by Democrats should be rubber-stamped no matter how ideologically extreme they are, whereas Republicans' nominees must be grilled.

The "Ginsberg rule," in other words, only applies to nominees who are "within the judicial mainstream." And the mainstream is, of course, leftist.

Paging Alice in Wonderland . . .

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Goldstein's covering the confirmation hearings, and he's on more drugs than usual.

It's not like my uterus has ever done me any good, other than garner strange praise from OB-GYNs, who get oddly enthusiastic about my reproductive organs, despite the fact that I've never truly exploited their potential.

So the uterus-as-accessory idea might be the way to go.

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. . . has some ideas for how to bring some depth and intelligence to the Alito confirmation hearings.

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Volokh has weighed in on the "troll law."

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