By James Rowley
Jan. 25 (Bloomberg) -- Senate Democrats sought to generate more political opposition to Supreme Court nominee Samuel A. Alito Jr. as his appointment headed toward confirmation by the Republican-controlled Senate.
The Senate's 44 Democrats reached no decision at their weekly caucus in Washington on whether to use the parliamentary tactic of a filibuster to block a Senate vote on Alito's confirmation.
Such a tactic would only succeed if Democrats mustered 41 votes to defeat a Republican effort to end debate and proceed to a vote. While several Democratic lawmakers have said a filibuster is unlikely, some say the tactic would draw attention to the debate.
``There are many who feel Judge Alito is going to make a profound change on the Supreme Court,'' said Illinois Senator Dick Durbin, the Senate's No. 2 Democrat. ``If the American people understood that they would pay closer attention to this debate, contact their senators and perhaps change the outcome.''
Durbin declined to say whether he supports a filibuster, saying only, ``it is in the realm of possibility.''
Democrats met today as the Senate opened debate on Alito, whose nomination to succeed retiring Justice Sandra Day O'Connor was approved yesterday by the Senate Judiciary Committee by a 10- 8 party-line vote.
Presidential Power
Democrats say Alito, 55, a federal appeals court judge, would show deference to President George W. Bush's expansive claims of presidential power and likely would vote to overturn the Supreme Court's abortion-rights decisions.
``There is no assurance that Judge Alito will serve as an effective check and balance to government intrusion into the lives of Americans,'' Vermont Democrat Patrick Leahy said as the Senate began debate on the nomination.
So far, only one Democrat, Ben Nelson of Nebraska, has said he will vote for Alito's confirmation. Several Democrats, including North Dakota Senator Kent Conrad and Arkansas Democrats Blanche Lincoln and Mark Pryor, said they were still undecided.
Republican Senator Arlen Specter of Pennsylvania, an abortion-rights supporter who chairs the Judiciary Committee, urged more Democrats to vote for Alito.
``It is unfortunate that our Senate is so polarized today,'' Specter said. ``It is important for Judge Alito to have supporters who favor a woman's right to choose so he does not feel beholden to or confirmed by people who have one idea on some of these questions.''
Ninth Democrat
Washington Senator Patty Murray became the ninth Democrat who had voted for Chief Justice John G. Roberts Jr.'s confirmation to announce her opposition to Alito. Murray said in a floor speech she wasn't confident he would protect civil liberties against government power.
Under Senate rules, a single senator could withhold consent from an agreement to end the debate and set a time to vote on Alito.
``One senator objecting to a time agreement means the debate continues,'' Durbin said. ``At that point, or at any point'' Republican Leader Bill Frist of Tennessee could move to end debate.
Republicans control the Senate by a 55-44 margin, with one independent who usually votes with the Democrats. They would need 60 votes to end debate and cut off any attempt to filibuster the nomination. A pledge by seven Democrats last year not to use the filibuster to derail Bush's judicial nominees would make it difficult for Democrats to successfully use the strategy.
A number of Democrats, including Pryor, Conrad, California Senator Dianne Feinstein, Ben Nelson of Nebraska and Mary Landrieu of Louisiana, have said they wouldn't support a filibuster.
Nelson, Pryor and Landrieu were among the seven Democrats who signed the agreement not to support filibusters of judicial nominees except under ``extraordinary circumstances.'' In return for that pledge, seven Republicans agreed not to support Frist's proposal to change the rules to bar such filibusters.
To contact the reporter on this story: James Rowley in Washington at jarowley@bloomberg.net.
Last Updated: January 25, 2006 18:11 EST
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