So Samuel Alito “wins” 58 to 42 with only 5 party “defections” total. Regardless of your politics, and notwithstanding how elastic the Constitution really is or isn’t, does anyone out there really believe that the framers anticipated that the president’s power to appoint “Judges of the Supreme Court” with “the Advice and Consent of the Senate” would yield the kind of process we’ve structured 219 years later?
