[Mb-civic] Democrats Split Over Filibuster On Alito - Washington Post

[William Swiggard]

Democrats Split Over Filibuster On Alito

By Charles Babington
Washington Post Staff Writer
Friday, January 27, 2006; A01

Several prominent Democratic senators called for a filibuster of Samuel 
A. Alito Jr.'s Supreme Court nomination yesterday, exposing a deep 
divide in the party even as they delighted the party's liberal base.

The filibuster's supporters -- including Sens. John F. Kerry and Edward 
M. Kennedy of Massachusetts -- acknowledged that the bid is likely to 
fail and that Alito is virtually certain to be confirmed Tuesday. But 
they said extended debate may draw more Americans' attention to Alito's 
conservative stands on abortion, civil rights, presidential powers and 
other matters.

"Judge Alito will take America backward, especially when it comes to 
civil rights and discrimination laws," Kerry said in a statement issued 
by his office. He added: "It's our right and our responsibility to 
oppose him vigorously and to fight against this radical upending of the 
Supreme Court."

Kennedy said that Alito, 55, "does not share the values of equality and 
justice that make this country strong," adding: "He does not deserve a 
place on the highest court of the land."

Liberal groups such as People for the American Way have implored 
Democratic senators to filibuster Alito's nomination, even if it means 
nothing more than staking their principles and showing that Democrats 
will fight against a party that controls the House, Senate and White 
House. But many Republicans have relished the idea of a Democratic-led 
filibuster, saying it helps them portray the minority party as 
obstructionist and beholden to left-leaning groups.

"Continuing to threaten a filibuster, even after it is crystal clear 
that Democrats don't have the necessary votes to sustain their 
obstruction, is needless, strange and at odds with many of their fellow 
Democrats," Sen. John Cornyn (R-Tex.) said in a statement. Some 
Republicans poked fun at Kerry -- the 2004 Democratic presidential 
nominee, who may make another White House bid -- for allowing others to 
announce the filibuster plan earlier in the day while he was attending 
an economic conference in Davos, Switzerland.

A filibuster involves endless debate intended to keep a measure -- such 
as a judicial nomination -- from reaching a vote. Sixty votes in the 
100-member Senate are needed to end a filibuster. Republicans hold 55 
seats, and enough Democratic senators will join them to end debate and 
hold a vote next week with votes to spare, Alito supporters said. If 
Alito supporters failed to get the 60 votes, a filibuster officially 
would begin and debate would continue.

Bitter disputes over judicial filibusters nearly brought the Senate to a 
standstill last year. After Democrats used the stalling tactic to block 
several of President Bush's appellate court nominees, Republicans 
threatened to change Senate rules to ban judicial filibusters. A 
bipartisan accord, which excluded both parties' leaders, averted the 
showdown and made a successful filibuster effort considerably more 
difficult. GOP leaders say they will revive their "nuclear option" 
threat if a Democratic filibuster endangers confirmation of a Bush nominee.

Majority Leader Bill Frist (R-Tenn.) said the Senate will vote Monday 
afternoon to end debate and vote Tuesday morning on whether to confirm 
Alito to succeed retiring Justice Sandra Day O'Connor. At least three 
Democratic senators -- Ben Nelson (Neb.), Robert C. Byrd Jr. (W.Va.) and 
Tim Johnson (S.D.) -- have said they will vote for Alito. Others have 
said they would not support a filibuster, regardless how they vote on 
confirmation.

Senate Democratic Leader Harry M. Reid (Nev.) repeatedly told colleagues 
this week that he wanted to avoid a filibuster, party members said. He 
looked frustrated in the Senate chamber yesterday as he told Frist he 
could not avert the parliamentary tactic. Shrugging his shoulders, Reid 
said he hoped "this matter will be resolved without too much more 
talking, but . . . everyone has the right to talk."

Party sources said Reid and others worry that a filibuster, while likely 
to fail, will nonetheless detract voters' attention from issues that 
Democratic leaders consider more promising. They include Bush's 
controversial domestic surveillance program, the indictments of a top 
White House official and a congressional leader, and the unfolding 
scandal centered on former lobbyist Jack Abramoff.

Party leaders especially worry about forcing a filibuster decision on 
Democrats seeking reelection this fall in GOP-leaning states, including 
Nelson and Kent Conrad (N.D.).

While Reid hoped to avoid a filibuster, Democratic Whip Richard J. 
Durbin (Ill.) supports it. But at a midday session with reporters, 
Durbin acknowledged the likely futility.

"Having made a count," he said, "I have come to the conclusion it is 
highly unlikely that a filibuster would succeed."

http://www.washingtonpost.com/wp-dyn/content/article/2006/01/26/AR2006012601955.html?nav=hcmodule
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