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U.S. Supreme Court

Democrats may try to delay vote on Alito's nomination

WASHINGTON - Senate Democrats say they are considering a plan that could delay a committee vote on Samuel Alito's Supreme Court nomination for at least a week, slowing what could have been a quick confirmation for President Bush's pick to replace retiring Justice Sandra Day O'Connor.

Senate Judiciary Committee Chairman Arlen Specter had hoped to hold a committee vote on Alito's nomination Jan. 17, a little more than a week from Monday's start of the federal appellate judge's confirmation hearings.

Senate aides said Thursday that Senate Minority Leader Harry Reid, D-Nev., told Majority Leader Bill Frist, R-Tenn., that Democrats will hold the Alito committee vote over for one week.

Democrats said no final decision has been made.

"We want to see how the hearing goes, procedurally and substantially, before allowing them to accelerate the vote for a week," said Sen. Charles Schumer, D-N.Y., a member of the Judiciary Committee. "That's what we've always said."

The longer a confirmation process takes, the tougher it can get for a nominee because his opponents have more time to build momentum against the candidate.

Frist had been pushing for a Jan. 20 confirmation vote for Alito in the full Senate. The date of the Senate's confirmation vote would have to be delayed if the Democrats follow through on their plan to delay.

The Supreme Court is in recess until Feb. 21.

During the confirmation process for now-Chief Justice John Roberts, Republican and Democratic senators agreed not to delay the committee vote on his nomination by using the one-week delay. No such agreement was reached on Alito.

The move is the latest in a tactical battle between Republicans and Democrats over Alito's nomination.

The longtime lawyer and judge will face the Judiciary Committee for his confirmation hearings to become the 110th Supreme Court justice.

Liberal Democrats say Alito is too conservative and could undermine some rights if confirmed. Some of their supporters have pushed Democrats to do whatever they can to block the nomination, including a filibuster.

"I don't think anybody today sees a reason for a filibuster, but they may after the hearing if the answers are troubling to them or they feel they haven't gotten the answers to important questions," said Carl Tobias, a University of Richmond law professor.

It takes 41 votes to sustain a filibuster. With the Senate split with 55 Republicans, 44 Democrats and one Democratic-voting independent, Democrats could launch a filibuster with no GOP votes.

Democrats have said they don't plan to filibuster Alito's nomination, although they also have refused to rule out the stalling tactic. For a filibuster to succeed, it would need almost all of the 44 Democrats behind it.

The Senate's senior Democrat, Robert Byrd of West Virginia, has said several times on the Senate floor that he has seen no reason to filibuster Alito's nomination.

[Last modified January 6, 2006, 01:05:09]