By Catherine Larkin
Jan. 8 (Bloomberg) -- Democratic Senators Edward Kennedy and Charles Schumer said they haven't ruled out staging a filibuster to block confirmation of Judge Samuel A. Alito to the U.S. Supreme Court.
``There's no plan at the present time, but we're not eliminating any procedural actions by the Senate members or by the Democratic leadership,'' Kennedy, of Massachusetts, said today on ABC's ``This Week'' program.
Schumer said he may support blocking the nomination if Alito refuses to answer questions about his views on subjects such as abortion and presidential authority.
Use of the filibuster, a parliamentary tactic that extends debate indefinitely, would set up a battle with Senate Republicans, who have threatened to use their majority status to overturn the chamber's procedural rules in response.
Hearings on President George W. Bush's nomination of Alito to replace Justice Sandra Day O'Connor are scheduled to begin at noon tomorrow before the Senate Judiciary Committee. The panel's chairman, Republican Senator Arlen Specter of Pennsylvania, has said he wants to move the nomination to a full Senate vote by next week. Democrats are threatening to draw out that process or thwart it entirely.
Specter said on CNN's ``Late Edition'' program that he has ``not seen any rational basis'' for a filibuster. Senator Lindsey Graham, a South Carolina Republican, said a filibuster of a Supreme Court nominee wouldn't be supported in the Senate.
Threat to Quality
``I don't think many Republicans and hopefully many Democrats will go down that road, because we will destroy the judiciary's quality and qualifications over time,'' Graham said on the ``Fox News Sunday'' program.
Schumer said Democrats will oppose Alito if he declines to answer a variety of questions about issues by saying they are matters that might come before the court. He cited the subjects of the Supreme Court decision legalizing abortion and limits on presidential power in particular.
``The worst thing that can happen with Judge Alito is if he tries to duck the question,'' Schumer said on NBC's ``Meet the Press.'' He said he expected Alito would be confirmed by the Senate if he shows that he is ``within the mainstream, even if he is a conservative.''
Kennedy and Schumer said that Alito's views on executive authority will be a central focus of his hearings, given the controversy surrounding Bush's decision to authorize eavesdropping on overseas communications from the U.S. without court approval.
Alito ``has to answer questions about executive power and his views about executive power,'' Kennedy said. ``Those issues are front and center in terms of the national dialogue.''
Senator Dianne Feinstein, a California Democrat, said on the Fox program that if Alito hints he would overturn Roe V. Wade, the 1973 abortion decision, she would consider it an ``extraordinary circumstance'' justifying a filibuster.
To contact the reporter on this story: Catherine Larkin in Washington at clarkin4@bloomberg.net.
Last Updated: January 8, 2006 15:47 EST
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