Alito Clears Judiciary Committee

[Spence]

Alito was approved by the Senate Judiciary Committee by a 10-8 vote taken on straight party lines. That is, all ten Republicans voted to approve and all eight Democrats voted not to approve. Expect the full Senate to confirm Alito along similar lines. So far, only one Democat, Ben Nelson of Nebraska, has committed to vote for Alito. No Republicans have come out against Alito, though several remain uncommitted, at least publicly.

[RedskinsDave]

So what are the dems claiming is their reason for voting against him other than the fact that he was appointed by Bush?

[Spence]

So what are the dems claiming is their reason for voting against him other than the fact that he was appointed by Bush?There was a host of issues, including abortion, of course, but by far the most commonly cited concern was that Alito's view of presidential power is too expansive and that he would empower the executive at the expense of the legislature. Justice O'Connor's ruling that a state of war does not grant the exectutive unchecked power was cited as important by most Democrats, who believe Alito will decide differently.

Twenty-three Democrats voted to confirm Justice Roberts to the Supreme Court late last year. Alito won't get anywhere near that number.

[CNYSkinFan]

any chance of a filibuster?

[BurgundyNGold]

Twenty-three Democrats voted to confirm Justice Roberts to the Supreme Court late last year. Alito won't get anywhere near that number.
That's because Roberts didn't actually SAY anything at his confirmation hearings. The guy was an enigma. To an extent, he still is.

[fent]

any chance of a filibuster?

no...the "gang of 14" are reported to have ruled that possibility out.

[Spence]

What Fent said.

[akhhorus]

The Dems really missed an opportunity here. Alito failed to do what Roberts did in his hearing which was to say nothing, but make you think that he said something. Alito just was dodgy and refused to really take any stands, even on some basic legal concepts. If they had spent their time going after Alito for this(and to his credit Evan Bayh did on every talk show I saw him on-he trashed the CAP angle and said the obvious: Alito did not come off as a good judge or as consistant in his hearings) and not waste their time whining about this stupid Princeton club, they could filibuster or had an outside chance at defeating him. But they blew it.

Now the interesting thing is that it is fairly clear the Senate will be extremely close after the 06 elections. Unless something really unexpected happens, it will probably be 52-47+1 or 51-48+1 either Dem or GOP controlled. And John Paul Stevens will probably retire. That will be an interesting fight to say the least.

[Spence]

There wasn't that much the Dems could do. It's 55-45 in the Senate and it always comes back to that.

[akhhorus]

There wasn't that much the Dems could do. It's 55-45 in the Senate and it always comes back to that.

Yes, but they could at least have made a better show of it, or raised enough questions where the gang of 14 wouldn't object to a filibuster.

[Spence]

I just don't think there was going to be a filibuster unless Alito came out and buried himself the way Bork did. But that's not likely to ever happen again. All the nominees get very thorough anti-Borking lessons. Republicans in Congress want to vote for their presidents nominees and it would take something big to get them not to do that. Alito wasn't going to give them that. The only reason Bork went down was Democratic control of the Senate. Had the GOP controlled the Senate 55-45 when Bork was nominated, he'd be on the court today.

[fent]

I just don't think there was going to be a filibuster unless Alito came out and buried himself the way Bork did. But that's not likely to ever happen again. All the nominees get very thorough anti-Borking lessons. Republicans in Congress want to vote for their presidents nominees and it would take something big to get them not to do that. Alito wasn't going to give them that. The only reason Bork went down was Democratic control of the Senate. Had the GOP controlled the Senate 55-45 when Bork was nominated, he'd be on the court today.

and it appears that the filibuster has been completley ruled out at this point. Byrd and Johnson have publically stated that not only will they vote for cloture, but they'll vote to approve his nomination.

[fent]

there are 58 confirmed votes for Alito, several still in the balance, but 4 remaining undecideds have said that regardless of their vote, they won't support a filibuster

http://www.breitbart.com/news/2006/01/27/D8FD4JVG0.html