Kerry, Kennedy press for filibuster

WASHINGTON — Several prominent Democratic senators called Thursday for a filibuster of Samuel Alito's Supreme Court nomination, exposing a rift in the party.

The filibuster's supporters — including Massachusetts Sens. John Kerry and Edward Kennedy — acknowledged the bid is likely to fail and Alito will be confirmed Tuesday. But they said extended debate may draw more Americans' attention to Alito's conservative stands on abortion, civil rights, presidential powers and other matters.

"Judge Alito will take America backward, especially when it comes to civil rights and discrimination laws," Kerry said. "It's our right and our responsibility to oppose him vigorously and to fight against this radical upending of the Supreme Court."

Kennedy said Alito, 55, "does not share the values of equality and justice that make this country strong. He does not deserve a place on the highest court of the land."

Liberal groups such as People for the American Way have implored Democratic senators to filibuster Alito's nomination, even if it means nothing more than staking out their principles and showing that Democrats will fight against a party that controls the House, Senate and White House.

But many Republicans have relished the idea of a Democratic-led filibuster, saying it helps them portray the minority party as obstructionist and beholden to left-leaning groups.

"Continuing to threaten a filibuster, even after it is crystal clear that Democrats don't have the necessary votes ... is needless, strange and at odds with many of their fellow Democrats," said Sen. John Cornyn, R-Texas.

Some Republicans poked fun at Kerry — the 2004 Democratic presidential nominee who may make another White House bid — for allowing others to announce the filibuster plan earlier in the day while he was attending an economic conference in Davos, Switzerland.

A filibuster involves endless debate intended to keep a measure — such as a judicial nomination — from reaching a vote. Sixty votes in the 100-member Senate are needed to end a filibuster.

Republicans hold 55 seats, and enough Democratic senators will join them to end debate and hold a vote next week with votes to spare, Alito supporters said. Should Alito supporters fail to get the 60 votes, a filibuster officially would have begun and debate would continue.

Bitter disputes over judicial filibusters nearly brought the Senate to a standstill last year. After Democrats used the stalling tactic to block several appellate-court nominees, Republicans threatened to change Senate rules to ban judicial filibusters.

A bipartisan accord averted the showdown and made a successful filibuster considerably more difficult. GOP leaders say they will revive their "nuclear-option" threat if a Democratic filibuster endangers a Bush nominee's confirmation.

Majority Leader Bill Frist, R-Tenn., said the Senate will vote Monday afternoon to end debate and vote Tuesday on whether to confirm Alito to succeed retiring Justice Sandra Day O'Connor.

At least three Democrats — Sens. Ben Nelson, D-Neb., Robert Byrd Jr., D-W.Va., and Tim Johnson, D-S.D. — said they will vote to confirm Alito. Others have said they would not support a filibuster, regardless how they vote on confirmation.

Senate Democratic Leader Harry Reid, D-Nev., repeatedly told colleagues this week that he wanted to avoid a filibuster, party members said. He looked frustrated in the Senate chamber Thursday as he told Frist he could not avert the parliamentary tactic.

Shrugging his shoulders, Reid said he hoped "this matter will be resolved without too much more talking, but ... everyone has the right to talk."

Party sources said Reid and others worry a filibuster will distract voters from issues that Democratic leaders think are more promising. They include President Bush's controversial domestic-surveillance program and the indictments of a top White House official and congressional leader.