Wyden to support filibuster of Alito nomination
05:31 PM PST on Thursday, January 26, 2006
WASHINGTON, D.C. -- U.S. Sen. Ron Wyden, D-Ore., told KGW Thursday that he would support an effort by fellow Sens. John Kerry and Edward Kennedy, both D-Mass., to filibuster the nomination of Judge Samuel Alito to the U.S. Supreme Court. Republicans, meanwhile, countered with a move designed to ensure Alito's approval by early next week. AP photo U.S. Supreme Court nominee Samuel Alito is sworn in during his confirmation hearing before the Senate Judiciary Committee on Capitol Hill. "Judge Alito's confirmation would be an ideological coup on the Supreme Court," Kerry said in a written statement explaining his support for a filibuster. "We can't afford to see the court's swing vote, Justice Sandra Day O'Connor, replaced with a far-right ideologue like Samuel Alito." Kerry, in Davos, Switzerland, to attend the World Economic Forum on Thursday, was marshaling support to block the nomination in phone calls during the day. Sources said he had announced his decision on Wednesday to a group of Democratic senators, urging them to join him in the fillibuster effort. "The nominee is deficient in his commitment ... to individual rights, individual liberties, women's rights and racial equality," added Kennedy, who conceded he and Kerry faced an "uphill climb" in the effort to block Alito's confirmation but maintained it was possible. Wyden cited similar reasons in deciding to support Kerry and Kennedy's efforts. "Based on Mr. Alito's 20-year, extensive record as a political appointee and as a federal judge, it is clear that he will bring deeply-held personal views to the job that will role back consumer protections, expand the ever-growing authority of the executive branch, and undermine a woman's right to make her own reproductive health decisions," Wyden told KGW through his spokesman Geoff Stuckart. "Mr. Alito's confirmation would tip the 5-4 balance on these critical issues." Asked to name other Democrats siding with them, Kennedy cited Dick Durbin of Illinois, the second-ranking Senate Democrat, as well as Paul Sarbanes of Maryland and Debbie Stabenow of Michigan. Some other Democrats however, like Louisianna's Mary Landrieu, said they are worried that the move would be "very counterproductive" and could backfire. Most notably, Senate Democratic Leader Harry Reid of Nevada offered no support for the attempt to keep Alito off the high court. "There's been adequate time for people to debate," Reid said. Senior White House officials said a filibuster attempt makes the Democrats look bad, and claimed Republicans already have the 60 needed votes to overcome any such attempt. "More than 60 senators have signaled their intentions to vote against the filibuster and give Judge Alito the up-or-down vote that he deserves," White House spokesman Stephen Schmidt predicted. The conservative jurist's confirmation as the nation's 110th justice is assured if a fillibuster is overcome, with 51 Republican senators and three Democrats (Robert Byrd of West Virginia, Tim Johnson of South Dakota and Ben Nelson of Nebraska) pledging to vote for Alito's confirmation to replace the moderate Sandra Day O'Connor on the nine-member high court. Senate Majority Leader Bill Frist, R-Tenn., said he planned to force a vote on cutting off debate on Alito's nomination on Monday. If Alito's supporters get 60 votes in the 100-member body, then a confirmation vote will follow on Tuesday. "It is time to establish an end point" in the debate over President Bush's selection, Frist said. Democrats' concern over Alito's nomination has been heightened because he would replace O'Connor, who has been the swing vote on 5-4 rulings that maintained abortion rights, preserved affirmative action and limited the application of the death penalty. Conservatives agree that Alito could push the court to the right, but they welcomed that prospect. (KGW producer Rich Kurz contributed to this report.)
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