Republicans Relocate Alito Vote
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WASHINGTON – Preparing for a possible weekend vote on Supreme Court nominee Samuel Alito, Republicans have relocated to the Washington, D.C., area a strategy retreat that had been scheduled to take place later this week in Williamsburg, Va.
Republican sources said the majority leader of the Senate, Senator Frist, of Tennessee, ordered a change in venue for the gathering late last week in anticipation of a plan by Democrats to stall a Senate vote on Judge Alito until after the weekend. They said the Library of Congress is a likely new venue because of its proximity to the Senate.
“When normal Americans don’t get their work done during the week, they work on the weekend,” a Republican activist with close ties to the confirmation process said. “And if the senators, whose salaries are paid by taxpayers, can’t get their work done during the week, then they should have to work over the weekend, too.”
The Senate Judiciary Committee is expected to vote along party lines today in advancing Judge Alito’s nomination to the full Senate for debate. The lone Independent, Senator Jeffords, of Vermont, typically sides with Democrats on judicial nominees. Only one Democrat, Senator Nelson, of Nebraska, has said he will vote to confirm Judge Alito.
Democrats have been under intense pressure from liberal interests to stage a fight over the seat being vacated by Justice O’Connor, but the effort has lacked strong popular support. A CNN/USA Today/Gallup poll yesterday said Americans favor Judge Alito by a margin of 54% to 30%.
Still, Democrats said yesterday that they have not yet ruled out blocking the nominee with a judicial filibuster. Dr. Frist has said he is prepared to change Senate rules to end the option of filibusters for judicial nominees if Democrats attempt one with Judge Alito. Barring a filibuster, Republicans worry that Democrats will attempt to delay a vote. The minority leader of the Senate, Senator Reid, of Nevada, has until tomorrow to agree on a floor schedule for the confirmation with Dr. Frist.
“What Senator Reid wants is to give his members adequate time to debate this nomination,” a spokesman for Mr. Reid, James Manley, said. “It’s an important nomination and a key swing vote on the court. The question is whether we can have a vote by the end of this week or next week. And he hasn’t made a final decision yet.”
Though Judge Alito’s confirmation is all but assured, some Republicans are worried that three of their own may vote against him. Possible defectors include Senators Snowe and Collins, of Maine, and Senator Chafee, of Rhode Island.
The closest Supreme Court confirmation vote was for Justice Thomas, who tallied 52 votes in a Democratic controlled Senate in 1991. Republicans hope to muster 60 votes for Judge Alito, a symbolic number that would give President Bush greater leverage in nominating a conservative to the Supreme Court in the event that another seat opens up.
Republicans attributed the change in venue for their strategy session to a change in the Senate schedule. But Dr. Frist has said since the confirmation hearing began that he intends to vote as quickly as possible after a vote comes down from the committee. A spokesman for Dr. Frist, Robert Stevenson, confirmed the retreat was relocated, adding: “We are poised to vote as soon as possible.”
The stakes in the confirmation battle have been highlighted this week by the anniversary on Sunday of the 1973 Roe v. Wade decision that overturned abortion laws in 50 states. Participants in the annual March for Life here yesterday said they are hopeful Judge Alito would be a vote in favor of overturning the landmark abortion decision if confirmed. Mr. Bush, addressing protesters by telephone from Kansas, called the purpose of the march “a noble cause.”
Court watchers have said the final vote on Judge Alito might include no more than one Democrat. But a handful of Democrats from states that voted for Mr. Bush last year are under similar pressure from conservatives as Democrats from states that voted for Mr. Bush’s opponent, Senator Kerry, of Massachusetts, have been under to press for a fight over the nominee.
Democrats most likely to vote in favor of confirmation include Senator Landrieu, of Louisiana, Senators Dorgan and Conrad, of North Dakota, Senator Johnson, of South Dakota, Senator Nelson, of Florida, and Senators Lincoln and Pryor, of Arkansas. A spokesman for Mr. Conrad said yesterday that speculation about the way his boss would vote is misplaced.
“Anybody who is speculating is probably further out on a limb than they ought to be,” Chris Thorne said. “He has not made up his mind. I know this.”