You know, I think in all the post-Alito self-flagellation, not enough weight is given to the fact that Democrats, if you count Jim Jeffords, are at a five-seat deficit in the Senate. You just don’t beat competent nominees with that sort of a structural disadvantage. Even Bork, the only recent nominee to be defeated in the Senate, went down to defeat in a Democrat-controlled Senate. Elections matter, and even if you think we could’ve done a better job against Alito, his eventual confirmation was really a fait accompli. When you lack both the presidency and the Senate, judges are simply going to be a losing issue for you.

Ezra Klein is a former Prospect writer and current editor-in-chief at Vox. His work has appeared in the LA Times, The Guardian, The Washington Monthly, The New Republic, Slate, and The Columbia Journalism Review. He’s been a commentator on MSNBC, CNN, NPR, and more.