While Mike works on his math, I think I'll bring up the issue of the fate of judges in the Democrat Senate.
There were two big issues decided on Election Day. In the House, the Democrat majority ensures a weak immigration policy. In the Senate, it means we will have a much more difficult job getting good conservative judges through.
Last term the Democrats' weapon of choice against good judges (beyond calling them all racist) was the filibuster. Just when the Senate was about to get rid of that Constitutionally suspect institution, the "Gang of 14", led by Sen. McCain swooped in and saved the Democrats' ability to obstruct because they threatened to shut down the Senate (no word on what keeping the Senate running accomplished). No further overt filibusters were made, but, with the tacit approval of Sen. McCain and Sen. Graham, Democrats were able to mount silent filibusters against several worthy candidates.
Unfortunately, with the Democrats in charge they have a more accepted form of obstruction available to them in the Judiciary Committee. Any judge they don't like, they can vote down, or, even worse, just not bother to hold hearings. Even getting a nominee to the floor will be difficult now even though there would still be over 50 votes for any qualified candidate.
In steps our new Minority Leader Sen. McConnell who said recently:
If the "Democrats want our cooperation, they'll give the president's judicial nominees an up-or-down vote.
Hardball it is then. It seems that Sen. McConnell is willing to throw Democrats' willingness to through a hissy fit right back at them. He's passed his first test on how to be an effective minority leader. Good for him.
I doubt he'll do this for any of the various lower court nominations, but it is something to keep in mind for the possible upcoming retirement of Justice Stevens or Justice Souter. Also it's iffy whether President Bush will nominate a strong conservative. The experience with Harriet Miers and his penchant for identity politics (most recently seen in the elevation of the unimpressive Sen. Martinez to lead the RNC) already made him unreliable. With the desire to get along with Democrats a higher priority, the odds of a "consensus nominee" that will only find phantom rights in three out of four cases goes up.
The fight goes beyond the current term. With only 12 Democrat incumbents up for election next year, the pickings in the Senate in 2008 will be slim for Republicans even if Gov. Romney has long coat-tails. Keep an eye on this, it's a battle that we've made progress on with the confirmation of Chief Justice Roberts and Justice Alito, but we still have a long bloody fight ahead of us before the judiciary resumes its proper place within the government.
~~~Thomas