Weak Knees

It seems the only thing Democrats can manage to muster a united front on is Social Security. It certainly isn't judges:

A centrist Democratic senator complimented Supreme Court nominee Samuel Alito Wednesday as a jurist who won't "hammer away and chisel away" existing law.

While Sen. Ben Nelson did not endorse President Bush's latest nominee for the high court, he did say he was impressed by what he heard from Alito during his introductory visit.

The Nebraska Democrat, who was Alito's first senatorial host Wednesday, told reporters that he got assurances that Alito would not be "judicial activist" or "take an agenda to the bench" if confirmed to succeed Associate Justice Sandra Day O'Connor, who is retiring.

"He assured me that he wants to go to the bench without a political agenda," said Nelson, one of the founding members of the centrist "Gang of 14" senators who earlier this year worked out a compact aimed at avoiding judicial filibusters except in the direst of circumstances.

Ben Nelson represents one of the most conservative states in the Union and is up for re-election next year (although he got a break when none of the big-name challengers jumped into the race). I understand that he's compromised. But I'd call his answer disingenuous at best. I wouldn't judge a judge by his words but his actions. And his actions clearly portray an ideological agenda.

With each defection on Scalito, we're one step closer to a filibuster-proof majority. If that happens, so be it. But right after the Democrats united to stand on principle about a stalled pre-war intelligence investigation, Ben Nelson comes along and chisels this united front away. Apparently Dianne Feinstein confidently predicted that there'd be no filibuster. What are we, two days removed from the nomination? How could you possibly make a statement like that?

I'm not arguing for ideological purity here. But from a political standpoint, making predictions and pronouncements at this stage of the game is crippling for the minority.