Democrats to delay vote on Alito by one week

updated 4:57 p.m. ET Jan. 5, 2006

WASHINGTON - Senate Democrats plan to delay the Judiciary Committee’s vote on Samuel Alito’s nomination to the Supreme Court for at least a week, slowing what could have been a quick confirmation process for President Bush’s pick to replace retiring Justice Sandra Day O’Connor.

Senate Judiciary Chairman Arlen Specter had hoped to hold a committee vote on Alito’s nomination on Jan. 17, a little over a week from the Monday start of the federal appellate judge’s confirmation hearings.

But Senate Democratic Leader Harry Reid told Majority Leader Bill Frist, R-Tenn., on Thursday that Democrats will invoke their right to hold the Alito committee vote over for one week, Senate leadership aides told The Associated Press.

The aides spoke on conditions of anonymity because the move had not been announced yet.

Democrats have not completely given up the notion of filibustering Alito’s nomination. But a slip of the tongue, an intractable attitude or a dramatic revelation next week could still brought a Senate showdown.

“I don’t think anybody today sees a reason for a filibuster, but they may after the hearing if the answers are troubling to them or they feel they haven’t gotten the answers to important questions,” said Carl Tobias, a University of Richmond law professor.

Hearings begin Monday
Alito, a longtime conservative lawyer and judge, will face the Senate Judiciary Committee on Monday for his confirmation hearings to become the 110th Supreme Court justice, replacing retiring Sandra Day O’Connor.

The Senate’s majority Republicans have been pushing for a final confirmation vote Jan. 20.

Democrats contend Alito is too conservative and could undermine some rights if confirmed. Some of their liberal supporters have urged Democrats to do whatever they can to block the nomination, including a filibuster.

It takes 40 votes to sustain a filibuster. With the Senate split with 55 Republicans, 44 Democrats and one Democratic-voting independent, Democrats could launch an Alito filibuster on their own without a single Republican vote.

But Democrats have said repeatedly they aren’t planning to filibuster Alito, although they also have refused to promise to refrain from the stalling tactic on the federal appellate judge.

“I don’t think it’s wise for members to try and outline a strategy other than to make sure these hearings are comprehensive and they’re done with dignity and respect for the nominee,” said Edward M. Kennedy of Massachusetts, one of the Senate’s leading liberals. “The future will take care of itself.”

‘Potential for filibuster’
The final decision will be made after the hearings, said Sen. Charles Schumer, D-N.Y., head of the Democratic Senatorial Campaign Committee and one of the senators who will question Alito.

“If he’s a mainstream conservative, if he doesn’t use a court to impose his views on the American people, he’s likely to get approved. Some people may vote against him because they don’t want someone that conservative on the court,” Schumer said.

But at the same time, Schumer added, “If he is out of the mainstream and will use his tremendously powerful position as Supreme Court judge to impose his views on the American people, then there’s a potential for a filibuster, and no one really knows that until the hearings.”

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