It appears the Gang of 14 agreement is dead. The AP quotes Sen. Mike DeWine (R-OH): "If someone would filibuster... I would be prepared to vote to change the rules." Salon quotes a spokesman for Sen. Ben Nelson (D-NE) saying, "I don't think the 'gang' agreement is applicable."
Furthermore, if Sen. John McCain (R-AZ) hopes to be the Republican nominee for president in 2008, he'll need to back Samuel Alito's nomination and not allow a filibuster to take place. That will mean backing the "nuclear option" -- changing Senate rules to prevent a filibuster of the nomination.
Roll Call notes "the gang" is expected to meet formally later this week.
Though Senate Democrats will lead the opposition to Alito's nomination, the Washington Post correctly notes that "a handful of Republican moderates could ultimately decide its outcome."
For Democrats to win, however, they'll need the focus of the nomination to be on abortion. The "roughly half-dozen GOP senators who support abortion rights are scrutinizing Alito's dissent in a major 1991 abortion case. If they determine that his judicial record or his answers to questions signal a willingness to overturn the 1973 Roe v. Wade ruling that legalized abortion, they will fall under heavy pressure to oppose him."
Of course, if Republicans pursue the nuclear option to prevent a filibuster, they may be able to piece together the votes to confirm Alito. But the damage to the Senate will be done and Democrats could be set up with an excellent campaign issue for the 2006 midterm elections.
