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Senate Plans to Cut Off Alito Debate as Democrats Filibuster

By James Rowley

Jan. 27 (Bloomberg) -- U.S. Senate Republican leaders said they have enough support to end debate on Supreme Court nominee Samuel A. Alito Jr. and confirm him next week as some Democrats staged a last-ditch filibuster to try to derail his confirmation.

The agreement yesterday to schedule the final roll call for Jan. 31 came as Democrats led by Massachusetts Senators Edward M. Kennedy and John Kerry forced leaders to schedule a separate vote a day earlier to stop debate on Alito's nomination to succeed retiring Justice Sandra Day O'Connor.

Republicans control the Senate, 55-45. Three Democrats have announced support for Alito. Five other Democrats have said they will vote to end debate, ensuring the 60 votes necessary to proceed to a final roll call on Alito's confirmation.

``This is a nominee who is well qualified,'' said Senate Republican Leader Bill Frist of Tennessee. ``Now is the time to bring this vote to the floor of the Senate.'' Democratic leaders agreed to the timing of the votes to place Alito on the court.

Kennedy said that pressing the filibuster, a parliamentary tactic that allows unlimited debate, ``gives us an opportunity'' to focus public attention on the nomination and try to persuade lawmakers to change their minds.

``Judge Alito's confirmation would be an ideological coup on the Supreme Court,'' Kerry said in a statement supporting the filibuster. ``We can't afford to see the court's swing vote, Justice Sandra Day O'Connor, replaced with a far-right ideologue.''

`Count Votes'

Earlier yesterday the second-ranking Senate Democrat, Dick Durbin of Illinois, told reporters he ``can count votes'' and concluded that a filibuster of Alito ``would not be likely to succeed.''

Besides Kerry and himself, Kennedy said Senators Debbie Stabenow of Michigan and Paul Sarbanes of Maryland argued for a filibuster when Democrats held a caucus Jan. 25. Kennedy said he expects Senate Democratic Leader Harry Reid to vote against ending the filibuster. Reid spokesman Jim Manley declined to comment.

Senate Judiciary Chairman Arlen Specter, a Republican from Pennsylvania, said his party has the votes to end the debate.

``When you have the number of senators who have stated their intention to vote'' to cut off debate, ``plus the number of senators who have stated their intention to vote for Alito, you come to 60 votes or more,'' Specter said. ``We are ready to do the business of the Senate.''

`Bomb-Throwing'

Republican National Committee spokeswoman Tracey Schmitt said arguments for the filibuster strategy by Kerry, the Democratic presidential nominee in 2004, amounted to ``thoughtless bomb-throwing in an effort to remain relevant.''

The three Democrats who endorsed Alito's confirmation -- Robert Byrd of West Virginia, Tim Johnson of South Dakota and Ben Nelson of Nebraska -- represent Republican-leaning ``red states'' President George W. Bush carried.

Johnson, who won re-election in 2002 by 524 votes, and Byrd announced their endorsements yesterday. Byrd's floor speech came just days after West Virginia businessman John Raese announced plans to challenge the veteran senator in November.

In his floor speech endorsing Alito, Byrd said he refuses ``simply to toe the party line when it comes to Supreme Court justices. I hail from a conservative state. And, like a majority of my constituents, I prefer conservative judges.''

Another Democrat from a state Bush won, North Dakota Senator Kent Conrad, also faces re-election this year. Conrad hasn't announced how he will vote and will meet with Alito one more time before he does.

Presidential Power

Three other Democrats from states Bush won in 2004, Senators Jeff Bingaman of New Mexico, Blanche Lincoln of Arkansas and Tom Harkin of Iowa, said they will oppose Alito. They cited concerns about his support for expanded presidential power and what they regard as his hostility to lawsuits alleging discrimination.

More than half of the 22 Democrats who supported the confirmation of Chief Justice John G. Roberts Jr. in September have now announced they will oppose Alito. Lawmakers in both parties predict Alito will receive fewer than a half-dozen Democratic votes.

CSPAN, the network that televises congressional proceedings on U.S. cable television outlets, said Alito has support from 55 senators while 32 have declared their opposition.

Democrats opposing Alito cite 1985 memos in which he said the Constitution doesn't protect abortion rights. They also say that Alito, 50, would be too deferential to Bush's claims of expanded wartime power.

`Man of His Word'

Byrd disagreed yesterday. ``Judge Alito told me that he respected the separation of powers and would not rule in support of a power-hungry president,'' the senator said. ``He struck me as a man of his word.''

Two other red-state Democrats, Mary Landrieu of Louisiana and Mark Pryor of Arkansas, haven't announced how they will vote on confirmation.

In addition to the three Democrats who support Alito's confirmation, Democrats Landrieu, Pryor, Conrad, Dianne Feinstein of California and Ken Salazar of Colorado have said they oppose using a filibuster to block a Senate vote. With those five, Republicans have the votes to stop any filibuster.

To contact the reporter on this story: James Rowley in Washington at jarowley@bloomberg.net.

Last Updated: January 27, 2006 00:02 EST

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