John Roberts is an unacceptable nominee.

That's a given. George W. Bush simply will not appoint anyone within shouting distance of acceptable to Democrats. No Democrat should vote for him.

That being said, I still lean toward a measured response to the nomination. It doesn't appear that we can stop it, and there's little chance that the next name up would be any better, and a good chance the next name could be even worse.

A good example of the kind of measured response that can help Democrats make their case is the request for documents related to sixteen cases that Roberts dealt with as Deputy Solicitor General during Bush the Elder's tenure in the White House. The request is being stonewalled, and the request is critical. While I'm doubtful about the prospects for stopping Roberts, and generally opposed to making an extraordinary effort to do so, it's important that the upcoming confirmation hearings and the subsequent floor debate be conducted with as full a picture of Roberts' views and activities as possible. Without the information about these key cases during one of the most important periods of his legal career, the picture that will be obtained will be horribly clouded.

Senator Kennedy lays out the case in the Washington Post.

No one has an automatic right to a lifetime position on the Supreme Court. A nominee to the high court must first demonstrate that he has a core commitment to constitutional rights and liberties. He must show that he is in the mainstream of modern judicial thought and that he would not use an ideologically motivated interpretation of our Constitution or laws to reverse the hard-fought gains we have made to make this nation more just. Judge Roberts's early record raises serious questions about his commitment to core constitutional values, and the Senate must have the requested information to fully and faithfully execute its constitutional obligation.

The DNC has initiated an FOIA request for the information as well, and is inviting citizens to join them. Over 30,000 have responded. You can sign on here.