Democrats set the precedent, so if it turns out that 41 GOP votes go against cloture, Democrats will have no one but themselves to blame.

That said, we shouldn't filibuster – on the other hand, if we can delay this we might be able to generate enough public opposition to make vulnerable Democrats think twice before voting to impose this leftist ideologue on the Supreme Court.

Kagan may be the nicest person in the world, but in terms of education, experience and ideology, she simply lacks any capability to rule on the law. We can expect her, once on the Court, to be slavishly devoted to whatever is the liberal fashion of the moment