By James Rowley
Jan. 24 (Bloomberg) -- The U.S. Senate Judiciary Committee, voting 10-8 along party lines, cleared the way for the full Senate to consider confirming Supreme Court nominee Samuel A. Alito Jr. to succeed retiring Justice Sandra Day O'Connor.
The committee sent Alito's nomination to the Senate, where debate is scheduled to begin tomorrow. Committee Chairman Arlen Specter, a Pennsylvania Republican, said the full Senate may vote on Alito by the end of the week.
Congressional researchers said it was the first time a Supreme Court nominee was approved by a straight party-line vote in committee since 1916 when Louis D. Brandeis was cleared 10-8 with Democrats in control. Today's vote signaled the likelihood that Alito will get far fewer than the 22 Democratic votes Chief Justice John G. Roberts Jr. received when he was confirmed, 78- 22, in September.
Eight Democrats who supported Roberts have said they'll vote against Alito, including Bill Nelson of Florida and Chris Dodd of Connecticut, who announced their plans in e-mailed statements. Nebraska Senator Ben Nelson is the only Democrat to say he'll vote for Alito. Illinois Senator Dick Durbin, the Senate's No. 2 Democrat, said he didn't know of any other Democrat backing Alito.
``This is a nomination that I fear threatens the fundamental rights and liberties of all Americans now and in generations to come,'' said Patrick Leahy of Vermont, the Judiciary Committee's ranking Democrat. Leahy, who voted for Roberts, said President George W. Bush's selection of Alito was part of his effort to aggrandize presidential power.
An Open Mind
Unlike Roberts, Alito failed to reassure him he would be a check on presidential power, Leahy said. ``I asked Judge Alito to demonstrate his independence from the interests of the president. He failed that test,'' Leahy said.
Democrats say Alito has failed to convince them he really has an ``open mind'' about abortion rights and say he would be overly deferential to presidential power at the expense of individual rights.
``If one is pro-choice, in this day and age in this structure, one can't vote for Judge Alito,'' said California Democrat Dianne Feinstein. ``It is simply that simple. I am very concerned about the impact he would have on women's rights, including a woman's right to make certain reproductive choices.''
Feinstein and other Democrats cited the refusal of Alito, an appeals court judge, to state that the high court's 1973 decision legalizing abortion was ``settled law.''
Even-Handed Jurist
Senate Minority Leader Harry Reid of Nevada joined fellow Democrats at a news conference to announce that he, too, will vote against Alito.
Republicans argued Alito has shown himself to be an even- handed jurist without a political agenda during his 15 years on the bench.
``There is not a trace of judicial activism in his opinions, just an effort to get the law right,'' said Senator Jon Kyl, an Arizona Republican. Alito faces opposition ``because our Democratic colleagues believe he won't vote the right way,'' Kyl said.
Democrats have focused on Bush's authorization of eavesdropping without court warrants as a weapon against terrorism as evidence the Supreme Court must be a check on presidential power.
``We face unprecedented claims by the White House for sweeping expansions of presidential power that are grave threats to the rule of law,'' said Senator Edward M. Kennedy, a Massachusetts Democrat. ``We cannot count on Judge Alito to blow the whistle when the president is out of bounds.''
Miers Withdrawn
Bush nominated Alito, 55, to succeed O'Connor after White House Counsel Harriet Miers withdrew from consideration for the position. Some Republican senators and party activists had objected to Miers's nomination because she had never been a judge and had no track record on issues such as abortion.
Democrats seized on objections to Miers as evidence that Bush had nominated Alito to placate his party's right wing.
``She didn't pass the litmus test of the extreme right of the Republican Party,'' said Durbin. ``The same groups that gave Harriet Miers the back of their hand embrace Sam Alito, raising important questions.''
Republicans control the Senate with 55 votes. There are 44 Democrats and one independent. Democrats have given no indication they would try to mount a filibuster, a parliamentary tactic that permits endless debate, to block Alito's confirmation. It takes 60 votes to end a filibuster.
The Senate Judiciary Committee approved Roberts, 13-5, with three Democrats supporting his nomination.
To contact the reporter on this story: James Rowley in Washington at jarowley@bloomberg.net.
Last Updated: January 24, 2006 19:03 EST
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