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Attempt to Filibuster Alito Goes Nowhere

Nearly half of the Senate's Democrats vote to end debate over the high court nominee, who is expected to be confirmed today.

THE NATION

January 31, 2006|Maura Reynolds, Times Staff Writer

WASHINGTON — A Democratic attempt to filibuster the Supreme Court nomination of Judge Samuel A. Alito Jr. ended in failure Monday, with almost half of the Senate's Democrats voting against it -- an outcome that cleared the way for Alito's confirmation to a seat on the high court today.

Massachusetts Sens. John F. Kerry and Edward M. Kennedy launched the filibuster drive last week in what they described as a last-ditch effort to halt the confirmation of Alito, a federal appeals court judge that liberals have charged is a conservative ideologue who will shift the Supreme Court to the right.


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The Senate voted 72 to 25 to end debate on President Bush's nomination of Alito. Democrats described the attempted filibuster, which appeared doomed from the start, as a stand on principle.

"Trying everything in our power to stop an ideological coup on the Supreme Court was the right thing to do," Kerry said. "We knew we faced steep odds, but we also knew that once Judge Alito becomes Justice Alito, there's no turning back the Senate confirmation vote."

The filibuster effort split the Senate's 44 Democrats, 19 of whom voted to end debate.

Some filibuster opponents -- Sens. Ben Nelson of Nebraska, Robert C. Byrd of West Virginia, Jeff Bingaman of New Mexico and Bill Nelson of Florida -- are Democrats seeking reelection this year in states that are either Republican-dominated or closely divided between the two parties.

Also, several Democrats who supported the filibuster, notably Senate Minority Leader Harry Reid (D-Nev.) and Sen. Charles E. Schumer (D-N.Y.), did so with a noticeable lack of enthusiasm.

Favoring the filibuster were several Democrats believed to be considering a presidential run in 2008: Sens. Hillary Rodham Clinton of New York, Evan Bayh of Indiana and Kerry, the party's 2004 nominee.

Despite the split over the filibuster, Democrats are largely united in their opposition to Alito's confirmation. Only four Democrats -- Byrd, Nelson of Nebraska, Tim Johnson of South Dakota and Kent Conrad of North Dakota -- have announced their support for him.

Senate aides said they expected 41 senators -- including one Republican, Lincoln Chafee of Rhode Island -- to vote against Alito, making his confirmation vote the most divisive since 48 senators voted against Justice Clarence Thomas' confirmation in 1991.

Republicans derided the attempt to stall Alito's confirmation as a waste of time and energy.

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