The Democratic Party recently missed a critical window of opportunity to successfully criticize Samuel Alito’s ability and opinions by failing to use documentation that emerged during the Senate Judiciary Committee hearing.

In the hearing, held in early January, the former government lawyer was faced with an essay he gave the White House when he was 35. It was written over 20 years ago and while having an old essay dug up from the past may be a nightmare for most people it provided an introspective look into how Alito stood on several issues. However, there hasn’t been evidence from the hearing or any other form of media to prove that his opinions have changed or that he’s become less conservative.

In his essay he stated that he disagreed with the Supreme Court’s reapportionment decisions and he advocated the “supremacy of the elected branches” but during the hearing he declared it an “inapt phrase,” claiming that the “branches of government are equal.” As Alito attempted to dig himself out of a hole by defending his statements he contradicted what he wrote in his essay, thus illustrating that he may not have what it takes to be part of a Supreme Court that has to remain independent to maintain checks and balances.

Oh, and in addition to being contradictory he also believes that courts should keep out of elected official’s decisions and that the constitution does not protect the right to an abortion. The democrats should have used his statements in his essay to better argue that Alito should not be the one to fill Sandra Day O’Connor’s shoes. He refuses to respond as to whether or not he still believes that the constitution does not protect a woman’s right to an abortion. If he can’t offer a response on such a heavy issue then clearly there is reason to be skeptical of his ability because there’s no way of telling how his personal opinions may affect the Supreme Court’s decisions.

The values he held 20 years ago may still remain the same and if he was passionate about them that long ago then there is no reason he couldn’t feel as strong today. At the hearing he simply boiled his old essay down to him thinking as a lawyer and not as a judge.

The leading democratic senators have announced their decision that they will vote against his confirmation in the senate. However, it’s too little too late and Alito’s victory lap as the next Supreme Court justice means tipping the political scale further to the right as the Democrats let the decisions slide.