- Where does this leave Democrats? Thought the "Gang of 14" agreement has saved the Senate from the nuclear option, it has seriously weakened the Democrats, who apparently won't be able to block any competent Bush nominee to the Supreme Court (should another nomination open up). It may still be possible to block lower stakes judicial nominees, as is apparently happening with DC Circuit nominee Brett Kavanaugh.
- With respect to overruling Roe, I think it is important to remember that Alito is at most the fourth vote, and that assumes that Roberts was the third, which is not at all clear yet.
With respect to the Gang of 14 and the agreement, I certainly agree that the agreement did not help Democrats or hurt Republicans--contrary to the hew and cry at the time. But I don't think the agreement itself, actually hurts Democrats much either. It is not the agreement among the Gang of 14 that prevents a successful filibuster. That's because the agreement is not much more than "cheap talk." Any Senator who wanted to vote against Alito could reasonably claim exceptional circumstances. It is the political preferences of the Senators and not the agreement or the chumminess of the gang that is doing the work.