Alito confirmed

Alito Confirmed:

So ends Borking as a politically-useful phenomenon. "You're well qualified, but we have decided to believe that you're an evil, evil man" is apparently no longer quite enough to derail a justice's career.

This has been a good confirmation for the country. I don't mean that Alito is a great pick, although he appears to be. I mean that it's been highly educational. The war powers question is interesting, and it was useful to have it brought up. And although they were entirely misplaced in a discussion of the judiciary, Senator Durbin's comments on the little guy pointed to a real problem in the American system -- one that we are watching develop in the Abramoff hearings, and the race for a new House Majority Leader.

The real education, however, was in the advise-consent relationship. We have learned that the process is badly deformed -- but not quite so badly as a lot of us believed.

To understand how it is bent out of shape, consider this search on the terms "any nominee" in Google News. It shows that both sides are drawing categorical lessons: that Democrats will oppose any Bush nominee with all available tools, up to and including a failed filibuster attempt; that 'any nominee' will be subject to a beating designed to ferret out any aspect of his character that can be used to defame him. Or this complaint, from the Concord Monitor:

An impeccable résumé is not reason enough to elevate a citizen to the U.S. Supreme Court. Nor is a good mind or a genial personality. Supreme Court nominee Samuel Alito has all three, but he should not sit on the nation's highest court.... The likelihood that any nominee, unless clearly unqualified, will be approved gives a president license to be more ideological and less moderate in his choice.

Yet, in spite of the rampant partisanship and general unhappiness from all sides, Alito was confirmed. The process is not, quite, broken. It is still possible to propose a candidate who is not a "stealth nominee" -- someone whose ideas and temperement are on the record, and whom we can examine fairly -- and have him confirmed.

That is a good lesson for the Republic. However dangerous you think Alito may be, surely the nomination of "stealth candidates" to a lifetime office with the power of the Supreme Court was more dangerous. Better that we know what we're getting, up front.