WASHINGTON — Republicans struggled Thursday to keep a permanent extension of the Patriot Act on track as critics appeared to gain ground in their bid to derail the anti-terrorism legislation.
The two sides were poised for battle on the Senate floor today, where a filibuster was planned to force the framers of a House-backed compromise bill back to the drawing board.
The opponents gained momentum when Sen. Dianne Feinstein (D-Calif.), a defender of the original Patriot Act, said she would support a filibuster. The White House and the Republican leadership sought to corral votes to avoid a year-end political embarrassment.
A deeply divided chamber engaged in an often-emotional debate Thursday, weighing issues of security and liberty on a day that one member noted was the anniversary of the ratification in 1791 of what would become known as the Bill of Rights, including the 4th Amendment's right against unreasonable searches.
"It is ironic ... that we are considering legislation that would greatly undermine that principle, " said Sen. Ken Salazar (D-Colo.), part of a bipartisan group of nine senators building support for the filibuster.
Senate Majority Leader Bill Frist (R-Tenn.), while acknowledging that the vote would be close, said Thursday he expected the Senate to overcome opposition and pass the legislation. "We'll have the votes by tomorrow," Frist said.
But Sen. Patrick J. Leahy (D-Vt.), a leading opponent of the measure, dismissed the prediction and said opponents appeared to have enough support to sustain the procedural stalling tactic.
Sixty votes would be needed in the 100-member chamber to end debate and move to passage of the legislation. The arithmetic could pose a problem: Republicans hold 55 seats, but four are committed to opposing the legislation; even absent further defections, supporters would have to win over nine Democrats.
Senate Republicans were developing a backup plan in case the filibuster threat succeeded, such as a short-term extension of the law in its original form. Others speculated that the leadership might pull the bill at the last minute to avoid an embarrassing denouement.
Feinstein, a moderate who has been a defender of the current law, is considered an important swing vote in the debate. She and others predicted the act would be extended in some form, but without agreement on key changes.
