Never miss an opportunity to make a bad argument

At least not if you’re a liberal Democrat. The latest example is the notion that, because Miers didn’t get an up-or-down vote, Alito shouldn’t get one either. Although not all conservatives were consistent on all issues during the Miers confirmation process, there was no inconsistency on the matter of a nominee’s entitlement to a floor vote. The conservative position has always been that the president is entitled to have his nominee receive an up-or-down vote. If the president decides to withdraw his nominee, then of course that person loses his or her right to such a vote. I don’t recall anyone arguing that Miers should not have an up-or-down vote as long as she was the nonminee. We simply urged that she withdraw or (in the case of some conservatives) that Bush withdraw her. Liberals likewise should feel free to urge Alito to withdraw and to implore Bush to rescind his nomination. If that fails, they should give Alito an up-or-down vote. If they don’t, they shouldn’t expect that liberal nominees of future Democratic presidents will receive one.

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