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U.S. Supreme Court

Democrats divided on Alito filibuster

By wire services
Published January 28, 2006

WASHINGTON - Long-smoldering Democratic dissension flared openly Friday as liberals sought support for a last-minute filibuster of Supreme Court nominee Samuel Alito against the advice of leaders worried about a backlash in upcoming elections.

"I reject those notions that there ought to somehow be some political calculus about the future. . . . The choice is now," said Massachusetts Sen. John Kerry, the party's 2004 presidential candidate and a White House hopeful for 2008. He said Democrats should fight for "those people who count on us to stand up and protect them."

Two of the party's Senate leaders, Harry Reid of Nevada and Charles Schumer of New York, have made clear their unhappiness with the possibility of a filibuster. And Rep. Harold Ford, seeking a Senate seat in Republican-leaning Tennessee, dismissed the filibuster approach openly.

"It does not appear that there is any reason to hold up a vote. I hope my colleagues in the Senate will move quickly to bring this process to a dignified end," he said.

Despite the attempts by Kerry, fellow Massachusetts Sen. Ted Kennedy and others to try to block a final vote, leaders of both parties agreed that Alito's confirmation was assured for Tuesday. The 55-year-old appeals court judge would replace Sandra Day O'Connor, who has been a swing vote on issues such as abortion, affirmative action and the death penalty.

Supporters of Alito's nomination need 60 votes on Monday to advance his nomination. An Associated Press tally shows at least 62 senators already committed to vote to end debate. That would clear the way for a final vote on Tuesday.

Counts by the Washington Post and the Associated Press show 53 Republicans and four Democrats - Kent Conrad of North Dakota, Ben Nelson of Nebraska, Robert Byrd of West Virginia and Tim Johnson of South Dakota - have already committed to voting for Alito, easily more than the 51 votes needed for confirmation.

Florida Sen. Bill Nelson, a Democrat who has said he will vote against Alito's confirmation, said he would not support a filibuster. Nelson believes Alito deserves an up-or-down vote, a spokesman said.

Florida's other senator, Republican Mel Martinez, has said he will vote for Alito.

"Everyone knows there is not enough votes to support a filibuster," Reid said Friday. He said he would vote with Alito's critics on Monday, although on Thursday he had made clear his unhappiness with their strategy.

"There has been adequate time for people to debate," he said Thursday. "I hope this matter will be resolved without too much more talking."

Those remarks drew criticism from leaders of the NAACP and the liberal advocacy group People for the American Way.

"With just two days of debate having passed, this must rank among the shortest debates for a controversial Supreme Court nomination in modern times," the two groups said in a written statement.

Sen. Dick Durbin of Illinois sided with Kennedy, Kerry and others, contending a filibuster is warranted.

Among the rank and file, there was opposition to a filibuster from several lawmakers, including liberal Barbara Mikulski of Maryland and North Dakota's Kent Conrad.

Conrad said that in remarks to fellow Democrats at a closed-door caucus, he outlined several factors. These included Alito's strong backing from the American Bar Association, his uncontested confirmation 15 years ago to the appeals court and the fact that Republicans had voted overwhelmingly to confirm liberal Justices Ruth Bader Ginsburg and Stephen Breyer when former President Bill Clinton nominated them.

"So I put that all together and I find it makes it hard to justify a filibuster," Conrad said.

Times staff writer Wes Allison contributed to this report, which includes information from the Associated Press, Washington Post and Cox News Service.

A numerical look at some of the issues in the confirmation debate over Supreme Court nominee Samuel Alito:

62: Senators saying they will vote Monday to end debate on Alito's nomination.

60: Votes needed to end the debate and force a confirmation vote.

51: Votes needed to confirm Alito to the Supreme Court.

57: Senators who have said they will vote to confirm Alito to the Supreme Court.

53: Republicans who have said they will vote to confirm Alito.

2: Republicans - Lincoln Chafee of Rhode Island and Olympia Snowe of Maine - who have not said how they will vote.

4: Democrats - Kent Conrad of North Dakota, Ben Nelson of Nebraska, Robert Byrd of West Virginia and Tim Johnson of South Dakota - who have said they will vote to confirm Alito.

33: Democratic senators who have said they will vote against Alito's confirmation.

2: Massachusetts Democrats - John Kerry and Ted Kennedy - who support a filibuster to block Alito's confirmation.

1: Independent senators - Jim Jeffords of Vermont planning to vote against Alito's confirmation.

1: Florida senator - Republican Mel Martinez - planning to vote to confirm Alito.

1: Florida senator - Democrat Bill Nelson - planning to vote against Alito's confirmation.

0: Florida senators saying they support an attempt to use a filibuster to block Alito's confirmation.

Sources: Associated Press, Washington Post, Wall Street Journal, Times staff

[Last modified January 28, 2006, 01:39:07]