THAT SENATE DEMOCRATS are mulling whether to filibuster the nomination of Miguel Estrada is a telling measure of their reduced power to block Bush judges. Thanks to the midterm elections, Republicans now hold a two-seat majority in the Senate. And in the Judiciary Committee the 10-to-9 advantage the Democrats enjoyed for most of the last two years now belongs to the Republicans.

Under the Democrats, the committee aggressively challenged Bush’s choices for the federal bench, twice defeating nominees on party-line votes. Last week, for the first time in the new Congress, the committee voted on a judicial nominee–Estrada, who’s been designated for the federal appeals court in Washington. Again, the vote fell along party lines, 10 to 9, but this time, thanks to the Republican advantage, it was one of approval.