Obama: Watch the Friendly Fire.

“There is one way, over the long haul, to guarantee the appointment of judges that are sensitive to issues of social justice, and that is to win the right to appoint them by recapturing the presidency and the Senate. And I don’t believe we get there by vilifying good allies, with a lifetime record of battling for progressive causes, over one vote or position. I am convinced that, our mutual frustrations and strongly-held beliefs notwithstanding, the strategy driving much of Democratic advocacy, and the tone of much of our rhetoric, is an impediment to creating a workable progressive majority in this country.” In an impressive blog post that’s worth reading in its entirety, Sen. Barack Obama spells out his concerns with the often-shrill, backbiting tone of the liberal blogosphere (particularly at sites like dKos) and progressive advocacy groups in general. Put plainly, his point is this: keep an eye to undecided voters, and concentrate your firepower outward. (Via Medley.)

Round 2: Miers.

In the early morning, Dubya chooses White House Counsel Harriet Miers as the next Supreme Court nominee. (Searching far and wide again, I see.) Well, let the vetting begin. On the plus side, the fundies seem perturbed, and she has some Dem donations in her past. On the other hand, she’s a rabid Bush loyalist, calling him “the most brilliant man she had ever met.” (Get out much?) Update: The Weekly Standard‘s Bill Kristol is disappointed, depressed, and demoralized by the Miers pick, while Legal Times was already unenthused about her. Update 2: Slate‘s Dahlia Lithwick and Emily Bazelon are similarly nonplussed: “Can anyone really imagine that she’d be the nominee if she weren’t a woman and the president’s friend and loyal adviser? Cronyism and affirmative action: It’s a nasty mix.

The Trouble with Dems.

“The core difficulty for Democrats is that they must solve two problems simultaneously — and solving one problem can get in the way of solving the other. Over time Democrats need to reduce the conservative advantage over liberals in the electorate, which means the party needs to take clear stands that could detach voters from their allegiance to conservatism…But even indeterminate talk of a ‘national’ message makes many Democrats holding those 41 pro-Bush House seats (and Democratic senators from red states) nervous.” E.J. Dionne attempts to explain the structural basis for our party leadership’s frequent disarray, which was in full evidence again on the Roberts vote.

Hail to the Chief.

“When my party retakes the White House, there may very well be a Democratic John Roberts nominated to the Court, a man or woman with outstanding qualifications, highly respected by virtually everyone in the legal community, and perhaps with a paper trail of political experience or service on the progressive side of the ideological spectrum. When that day comes, and it will, that will be the test for this Committee and the Senate. And, in the end, it is one of the central reasons I will vote to confirm Judge John Roberts to be perhaps the last Chief Justice of the United States in my lifetime.”

By a vote of 13-5, John Roberts is approved by the Senate Judiciary Committee — with Dems Patrick Leahy, Herb Kohl, and Russ Feingold joining the Republican majority — and will no doubt become the Court’s next Chief Justice. The Dems — and particularly Sen. Feingold — are already getting flak for their Yes votes from People for the American Way and other liberal groups. (For their part, Hillary and Joe Biden have decided to keep the 2008 primary voters happy.) Well, just as I think Feingold was right to vote yes on Ashcroft in 2001, I think he made the correct decision here, both in terms of principle and politics.

In terms of principle, I think Feingold’s statement above is exactly correct. We could go through 1000 nominees, and Dubya would never pick anyone who comes remotely close to being a progressive — Sadly, the conservative tinge of the Supreme Court was decided last November, with Dubya’s re-election. The question before the Senate was whether Roberts was (a) competent enough to fill the position of Chief and (b) whether he adhered to the broad mainstream (albeit conservative mainstream) of American legal thought. I watched almost all of the Roberts hearings and, although he dodged and weaved past way too many important questions, he was clearly (a) hyper-competent and (b) more respectful of existing legal precedent than many other conservative freakshows Dubya could have appointed (and might still.) Roberts said a number of times that he believed in a constitutional right to privacy, that Griswold was good and settled law, and that (although most agree on this anyway, Janice Rogers Brown notwithstanding) the Lochner Court was not an appropriate or worthwhile historical role model for today’s judiciary. Perhaps he’s lying, but it’s no small business to lie before the Senate. I think Feingold was right to take his word at face value and vote yes, with reservations.

Voting for or against a 50-year-old Chief Justice is not a decision to be taken lightly, and I’m sure Dems on both sides of the vote chose their stance on principle. But, to be base for a moment and consider the politics of the situation, the Yes voters allowed themselves wiggle-room on the next nominee that most Dems have basically wasted on a sure thing. Roberts is replacing Rehnquist, a conservative for a conservative. The real battle lies ahead, when Dubya appoints a justice to take O’Connor’s swing-vote position. Where are the Dems who voted no on Roberts going to go? Chances are the next candidate for justice will be less competent and more conservative, in the scary-fundy sense, than Roberts, but the no-voting Dems have lost all pull by not keeping their powder dry. Had the Dems acceded to Roberts’ nomination, they would have easier recourse to a possible filibuster in Round 2, particularly with the fair-play-minded Gang of 14. Now, not so much.

At any rate, I’ll admit to being already something of a Feingold groupie — More than any other Dem, except perhaps the late Paul Wellstone, I view him as my Senator in Congress, the closest thing to a true progressive out there. (For what it’s worth, I also thought he did a better job than any other Dem in his questioning of Roberts, with the possible exception of Dick Durbin.) Still, I think he made the right decision in this vote, and I hope very much that groups on the left who disagreed with his choice here keep an eye on the big picture and don’t start calling for his head.

And Roberts? Well, I’m never going to agree with the guy on a lot of issues, that’s for sure. But, in the hearings, I thought he came across as conservative in the old and best sense of the term — cautious, restrained, not inclined to break tradition — and not as a frothing, fundamentalist reactionary like any number of judges Dubya has appointed to the bench. Let’s hope, for all our sakes, that this turns out to be the case.

Rock the Vote.

The Commission on Federal Election Reform, headed by former President Jimmy Carter and longtime Bush consigliere James Baker, delivers a set of proposals for fixing our tottering election system. Among the recommendations included are the adoption of a standard photo ID [which former Sen. Tom Daschle (D-SD) has likened to a “modern-day poll tax,”] full electronic voting paper trails, free TV time for political candidates, the implementation of a regional primary system, and the non-partisan administration of future elections. Well, I’d like to see more strictly campaign-finance-related initiatives here, but, if nothing else, these sound like a good starting point for debate. After all, it should be clear to all by now that the current system has major issues, to say the least. (Just ask Ohio.)

Release the Hounds.

With the administration’s numbers in a continuing death spiral ever since their sheer incompetence, blatant cronyism, and general heartlessness was exposed by Katrina, several recent anti-Dubya speeches of note:

President Clinton: “Now, what Americans need to understand is that means every single day of the year, our Government goes into the market and borrows money from other countries to finance Iraq, Afghanistan, Katrina, and our tax cuts. We have never done this before. Never in the history of our republic have we ever financed a conflict, military conflict, by borrowing money from somewhere else…We depend on Japan, China, the United Kingdom, Saudi Arabia, and Korea primarily to basically loan us money every day of the year to cover my tax cut and these conflicts and Katrina. I don’t think it makes any sense. I think it’s wrong.

John Kerry: “‘Brownie is to Katrina what Paul Bremer is to peace in Iraq, what George Tenet is to slam-dunk intelligence, what Paul Wolfowitz is to parades paved with flowers in Baghdad, what Dick Cheney is to visionary energy policy, what Donald Rumsfeld is to basic war planning, what Tom DeLay is to ethics and what George Bush is to ‘Mission Accomplished’ and ‘Wanted Dead or Alive.‘”

John Edwards: “I might have missed something, but I don’t think the president ever talked about putting a cap on the salaries of the CEOs of Halliburton and the other companies . . . who are getting all these contracts…This president, who never met an earmark he wouldn’t approve or a millionaire’s tax cut he wouldn’t promote, decided to slash wages for the least of us and the most vulnerable.

Bill Maher: (I forgot where I saw this one first, but it’s a toss-up between Booknotes and Follow Me Here.) “On your watch, we’ve lost almost all of our allies, the surplus, four airliners, two trade centers, a piece of the Pentagon and the City of New Orleans. Maybe you’re just not lucky. I’m not saying you don’t love this country. I’m just wondering how much worse it could be if you were on the other side. So, yes, God does speak to you. What he is saying is: ‘Take a hint.’

Showtime for Mr. Roberts.

The Roberts confirmation hearings are now underway. So far, they’re not making for the most scintillating television — at this very moment, Sen. Jeff Sessions (R-AL) is mangling his way through an opening statement he’s clearly never read before — but hopefully the drama will pick up once the Senators start firing away questions. (In fact, Feingold’s up now with his opener, and Roberts’ brow looks increasingly furled.) Update: Well, he’s polished…I’ll give him that. After watching three days of hearings, I learned more about hapless toads and the various senators on the Judiciary committee than I have about Roberts.

Stacking the Deck.

“With the midterm congressional elections 14 months away, both parties see high stakes in where blame will eventually fall for the government’s lagging response to Katrina. Yesterday, congressional Republicans tried to get a head start, announcing the formation of an investigative commission that they can control. They rejected Democratic appeals to model the panel after the Sept. 11 commission, which was made up of non-lawmakers and was equally balanced between Republicans and Democrats.” Continuing their attempts to shield Dubya (and themselves) from the effects of Hurricane Katrina, the congressional GOP set up a dummy commission to get to the bottom of absolutely nothing, just the way they want it.

Dubya and Katrina.

By way of Breaching the Web and Medley, the Hurricane Katrina timeline. Think My Pet Goat extended over several days. Nevertheless, the GOP is rallying around Dubya: “Just 17 percent of Democrats said they approved of the way Bush was handling the Katrina crisis while 74 percent of Republicans said they approved.Update: Out of sight, out of mind? Update 2: The Post‘s Terry Neal has more. Update 3: The government backs down on the media blackout after threat of a lawsuit by CNN.