Two US Senate Democrats break ranks, back Alito

Samuel Alito

WASHINGTON - Two more Senate Democrats broke ranks today and said they would vote to confirm President George W Bush's nomination of conservative federal appeals judge Samuel Alito to the US Supreme Court.

Sens Robert Byrd of West Virginia and Tim Johnson of South Dakota, joined Ben Nelson of Nebraska, who had earlier declared his support.

With the chances slim for any procedural roadblock to halt the nomination, the 55-year-old nominee appears certain to soon be confirmed by the 100-member Republican-led Senate, likely early next week.

Byrd, Johnson and Nelson represent states that voted for Bush, who promised in his campaign to nominate conservatives to the nation's highest court.

Most of the 44 Senate Democrats, including members of the leadership, have opposed Alito, who has served on the 3rd Circuit Court of Appeals since 1990.

Some Senate Democrats have privately suggested that they try to stop Alito with a procedural hurdle known as a filibuster, but Democrats admit they do not appear to have the 41 votes that would be needed to sustain it.

Assistant Senate Democratic Leader Dick Durbin of Illinois told reporters, "I've come to the conclusion that it is highly unlikely that a filibuster would succeed."

Declaring his support for Alito during a second day of Senate debate on the nomination, Byrd said that no one could know exactly what kind of justice he would be.

"But my considered judgment from his record, from his answers to my questions, and from his obvious intelligence and sincerity, leads me to believe him to be an honorable man, who loves his country, loves his Constitution and will give his best," Byrd said. "Can we really ask for more?"

Johnson said while he had concerns about Alito's "narrow interpretation" of certain civil rights laws, "I cannot accept an argument that his views are so radical that the Senate is justified in denying his confirmation."

At a White House news conference, Bush urged the Senate to wrap up its debate as soon as possible and confirm Alito.

"He has broad support from people who know him, people from both political parties," said Bush, citing in particular Pennsylvania Governor Ed Rendell, who formerly chaired the Democratic Party.

If confirmed, Alito would replace retiring Justice Sandra Day O'Connor, a moderate conservative who often has been the swing vote on the nine-member court on abortion, civil rights and other social issues.

Democrats appear determined to push for at least a few more days of debate to make the case that Alito poses a threat on such fronts as civil rights and abortion, and would not be an effective check on presidential powers.

Senate Democrats and Republicans have not agreed on when to vote. Republican Leader Bill Frist could force the issue by introducing a motion to end debate.

"Senate Democrats should stop their foot-dragging," Frist said. "The time has come to move to a vote."

The Senate began considering the nomination yesterday, a day after the Judiciary Committee approved Alito on a party-line vote of 10-8.

The Senate confirmation vote on Alito is expected to be far closer than the 78-22 for John Roberts, Bush's first nomination to the high court, in September to confirm him as US chief justice.

- REUTERS