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U.S. Supreme Court

4 tough days, no real damage

With Democrats not able to paint him as an extremist, Samuel Alito heads for near-certain confirmation to the Supreme Court.

WASHINGTON - Samuel Alito coasted toward probable confirmation as the 110th Supreme Court justice Thursday, with the only question after 18 hours of grueling Senate interrogation being how many Democrats would support him.

Alito said nothing to undermine his solid support by the Senate's majority Republicans during three days of questioning by Democrats who tried to cast doubt on his credibility, judicial philosophy and independence.

"I am my own person, with whatever abilities I have and whatever limitations I have," Alito said as he wrapped up his final public appearance before senators begin voting on his nomination to replace retiring Justice Sandra Day O'Connor.

Democrats contend the former Reagan administration lawyer is likely to swing the court to the right in replacing O'Connor, who has provided decisive votes on issues such as abortion, capital punishment and affirmative action.

Judiciary Committee senators are scheduled to meet Tuesday to begin debating the 55-year-old federal judge's nomination. Chairman Arlen Specter, R-Pa., had wanted a committee vote then, but Democrats are expected to delay it for a week after that.

Senate Minority Leader Harry Reid "is urging all Democrats to refrain from committing to a vote either for or against confirmation prior to the caucus next Wednesday," spokesman Jim Manley said.

Specter confirmed late Thursday that the date of the committee vote was undecided.

That is not likely to change Alito's support among the Senate's 55 Republicans. GOP senators, on and off the committee, praised Alito as his testimony ended.

"I enthusiastically endorse and support Judge Alito's nomination," Sen. Chuck Hagel of Nebraska said Thursday. Sen. Jeff Sessions, R-Ala., noted to the judge that his high school friends "predicted you would serve on the Supreme Court one day, and I think that's going to turn out to be a good prediction."

Chances of a filibuster seemed to dim as the day went on, with two members of the "Gang of 14" - senators who brokered a deal last year to avoid a filibuster showdown over judges - saying Alito's nomination does not deserve one.

Sen. Olympia Snowe, R-Maine, "does not believe that Judge Alito warrants a filibuster," spokeswoman Antonia Ferrier said.

Sen. Ben Nelson, D-Neb., said: "So far I have seen nothing during my interview with the nominee, the background materials that have been produced or through the committee process that I would consider a disqualifying issue against Judge Alito."

Democrats seemed unlikely to have enough votes to filibuster Alito's nomination - the only way they can stop him.

It takes 41 votes to sustain a filibuster, and there are 44 Democrats and one Democratic-leaning independent.

"We can only afford to lose five senators favoring Judge Alito before a filibuster is impossible," said Dick Durbin of Illinois, the Senate's No. 2 Democrat. "It's a very tight margin, and I'm not going to presume one way or the other whether my colleagues are even interested in it."

Several committee Democrats indicated they were not likely to vote for Alito, including Sens. Edward Kennedy of Massachusetts and Charles Schumer of New York.

The Democrats repeatedly criticized Alito's decisions as a judge on the 3rd U.S. Circuit Court of Appeals and his writings while a lawyer for the Reagan administration - including a 1985 statement saying the Constitution did not protect the right to an abortion - and they tried to highlight his membership in an organization that discouraged the admission of women and minorities at Princeton University. However, Alito on Wednesday had repudiated the organization's opinions. "They're not my views. . . . I deplore them," he said

Still, Schumer said: "The evidence before us makes it hard for us to vote yes."

Information from the Associated Press, Washington Post and Knight Ridder news service was used in this report.

[Last modified January 13, 2006, 01:47:08]