Fili-busted!

There's a really excellent piece by Glenn Reynolds on InstaPundit about the upcoming filibuster-busting:

Of course, what Bush really ought to do is nominate a quirky libertarian judge like Alex Kozinski, thus confusing the Democrats and completely undermining their "the Theocrats are coming!"TM campaign. Unfortunately, Kozinski -- though to my mind perhaps the best Court of Appeals judge of an age to be eligible for the Supreme Court -- is almost certainly too politically incorrect (read: libertarian) to fly with the Republican powers-that-be, a fact that gives the Democrats' sloganeering some shreds of credibility.

Which means that if the Democrats were smart, instead of just grimly obstructionist, they'd be out there floating names of judges like Kozinski as examples of candidates that they wouldn't filibuster (Eugene Volokh would be a good one, too!). This would put Bush in a tough spot, as he'd have to explain why his candidates were better than Kozinski or Volokh, which would be hard, as there aren't many candidates better than Kozinski or Volokh, or give more credit to the whole "Theocrats" thing.

Luckily for Bush, the Democrats aren't that smart.

Lots of us are carrying the torch for Judge Alex!