Bloomberg Anywhere Bloomberg Professional About Bloomberg


 
Alito Wins Praise From Moderate Democratic Senator Ben Nelson

By Robert Schmidt

Nov. 2 (Bloomberg) -- U.S. Supreme Court nominee Samuel Alito, meeting with lawmakers on Capitol Hill, won praise from moderate Democratic Senator Ben Nelson of Nebraska, who said he is reassured the judge wouldn't be an activist.

``At this point in time I have a comfort level that I'm satisfied with,'' Nelson told reporters in Washington today after his session with Alito. ``He assured me that he wants to go to the bench without a political agenda, that he is not bringing a hammer and chisel to hammer away and chisel away on existing law.''

Nelson, who didn't endorse Alito, is one of a small group of centrist Democrats who are being targeted by the White House to shore up support for Alito and avoid a filibuster that could block a vote on the nominee. Republicans, who hold 55 seats in the 100- member Senate, need five more votes to overcome the parliamentary tactic and shut off unlimited debate.

Bush named Alito, a 55-year-old federal appeals court judge from New Jersey, to replace retiring Justice Sandra Day O'Connor, a swing vote on the high court. The pick has been applauded by conservatives and sparked an outcry from liberals and many Democrats who say Alito's judicial opinions show he is hostile to abortion rights and civil liberties.

Nelson is among the key group of senators known as the Gang of 14 who signed a bipartisan agreement this year that averted a legislative shutdown over use of the filibuster to block judicial nominees. The seven Democrats in the group forswore use of the filibuster except in ``extraordinary circumstances'' in return for a pledge from the seven Republicans not to join a move to eliminate the tactic altogether.

Preserving the Coalition

Speaking with reporters outside his office in Washington, Nelson said it was too early to tell if Alito's nomination would be deemed extraordinary by some and fracture the coalition. He said the group plans to meet tomorrow.

``We all want to avoid having the Gang of 14 called into service on this,'' he said.

On abortion, Nelson expressed support for a dissenting opinion by Alito that said states can require a married woman to notify her husband before ending a pregnancy. As governor of Nebraska, Nelson said, he helped push legislation requiring a waiting period for women before an abortion and that minors get parental consent for the procedure.

``I thought it was a legitimate effort by the state legislature, and, with my urging, to get those enhancements in place because I thought it was the role of the state to do so,'' Nelson said. ``It is pretty clear that judge Alito feels similarly.''

Poll Results

According to an analysis of polling data released today by the Pew Research Center for the People and the Press, Americans support spousal notification before abortions by almost 3-1. Those surveyed opposed overturning the 1973 Roe v. Wade ruling that established a right to abortion by more than a 2-1 margin, the Pew center said.

Alito drew rave reviews today after meeting with Republican Senators Chuck Hagel of Nebraska and Kay Bailey Hutchison of Texas. Hagel offered a full endorsement and Hutchison said she would vote to confirm Alito ``unless something very different comes out that we don't know about.''

Hutchison also urged the Senate Judiciary Committee to hold hearings on the nomination before Thanksgiving so the full Senate could vote on Alito shortly thereafter.

To contact the reporter on this story: Robert Schmidt in Washington at rschmidt5@bloomberg.net.

Last Updated: November 2, 2005 13:53 EST

Sponsored links