This article from the New York Observer demonstrates why the failure to use the Judge issue was so devastating. Allen in Virginia did not use it. Was it worth 8000 votes? Probably. Burns used it late and unconvincingly. Was it worth 3000 votes in Montana? Even in Missouri, if the GOP had been highlighting this issue for months, could it not have pulled the marvelous Jim Talent over the line?

Now one of the men most hostile to the rule of law, and most viciously partisan of any Senator, Chuck Schumer will do all he can to smear and degrade good nominees. Patrick Leahy does not have Schumer's intelligence or off putting manner but he shares the low cunning and sure knowledge that his schemes to disenfranchise social conservatives through court decisions can now be advanced should another court vacancy emerge.

We must be prepared for either weak nominees from the President, or party line votes in the Senate Judiciary committee. That will mean the Presidents Supreme Court nominees go to the floor with a "no" recommendation. I dont' beleve the Democrats can afford to filibuster a good Supreme Court nominee but they can press to vote him or her down. Appellate Judges are now doomed. No known constitutionalist judge will now get through the Senate to the appellate bench for two years.

The Republicans have 49 votes. They must leverage them to maximum advantage or Schumer's boasting will be prophetic. The President and the Senate REpublicans must work hand in glove in order to fight for the next nominee. It is not going to be easy.