Judicial jujitsu

Dick Morris:

Who says President Bush isn’t brilliant? His maneuver in appointing Judge John Roberts has completely throttled the Democrats in the highest-stakes game of his second term.

The key is that Bush has used the Democrats’ opposition to his district and circuit-court judicial appointments against them and made it a ratification of the Roberts candidacy. Simply put, by choosing a judge whom the Democrats confirmed unanimously when he was nominated for the D.C. Circuit Court — and whom they did not filibuster — Bush has made the Democrats impotent.

The Democrats thought they were preparing for the Supreme Court battle when they hit on their strategy of filibustering Bush’s judicial nominations. They saw these battles as spring training to get them in shape for the real fight that would come when Bush made his Supreme Court nomination.

Instead, their strategy has backfired massively. By lending such a high profile to their opposition to Bush’s lower-court appointments, the Democrats have effectively denied themselves the ability to filibuster anyone of whom they have approved in the past.

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