The Big One

It's a Rove move, likely the first consequence of Official A's escape from indictment Friday. President Bush appointed Samuel Alito to the Supreme Court, a move that is at once bold and weak, outrageous and predictable, skillful and desperate, confrontational and a flanking maneuver.

Because Alito redefines the extreme right, he energizes the rabid right base that harried the Harriet back to the White House, where she is already busy instructing the press secretary not to talk to the press about anything having remotely to do with She Who Must Not Be Plamed. Because Alito is such an extreme and divisive choice, the resulting cacaphony is supposed to drown out any residual echoes from the indictments of White House honcho Scooted Libby, along with drowning out Democrats' calls for Rove's resignation heard Monday (but barely).

That this is an essential part of the strategy is clear from vp Cheney's actions in response to Libby being indicted for lying and obstructing justice in the Plame Game. As Think Progress among others point out, he replaced Libby with another staffer who is named in Libby's indictment as essentially a co-conspirator. He elevated a second staffer who is also named, and even more directly involved in the orchestrated campaign to publicize the name of a covert CIA agent. This is not exactly evidence of contrition and reform.

Diverting attention may or may not work, but clearly this appointment is not just a little misdirection. Alito can be seen as the payoff of the Bush administration, from the moment that Justices Scalia and Thomas ignored their conflicts of interest and their own judicial records to appoint George Bush, the loser of the 2000 election, as President.

Scalia gets paid off, as do all the rabid right faithful, who outed themselves in the Miers mire as insisting on an unconstitutional religious test for one of the twelve judges charged with the ultimate interpretation and defense of the Constitution.

The stage is now set, and this is The Big One. If the Bushies prevail and Alito takes the oath, this long national nightmare will echo through the law for generations. If the Democrats can rouse themselves and fight a solid and judicious fight, they will not only defeat the antiConstitution but give voters the beginning of a rationale to return them to congressional majority in 06.