Alito's path to court stays clear

WASHINGTON — A last-minute attempt to block Judge Samuel Alito's nomination to the Supreme Court failed Monday as a Democrat-led filibuster was defeated 72-25, paving the way for the Senate to confirm the conservative judge before President Bush's State of the Union address tonight.

At the close of a bitter day of debate over the changing direction of the court, at least 57 senators had committed to vote for Alito's nomination — including four Democrats — which all but guarantees he will become the nation's 110th Supreme Court justice.

A coalition of Democrats, led by Sens. Edward Kennedy and John Kerry of Massachusetts, argued that a lifetime appointment of Alito to the Supreme Court could erase the progress the nation has made in recent decades on matters of social justice. They also feared Alito would be hostile to civil-rights claims.

"This is a battle that needs to be fought," Kennedy said. "This vote we are casting on Samuel Alito is going to have echoes for years and years to come."

In the end, 19 Democrats — including Washington Sen. Maria Cantwell — sided with Republicans to oppose the filibuster effort.

Despite the failed attempt, Kerry declared: "Trying everything in our power to stop an ideological coup on the Supreme Court was the right thing to do."

Although Cantwell opposed the filibuster effort, she said Monday she would vote against Alito.

"I am very concerned with Judge Alito's record regarding an individual's constitutional right to privacy," she said in a statement after meeting with Alito at her Senate office.

"While I do not expect any judicial nominee to prejudge future cases, I do expect all nominees to make their positions clear on protecting the most basic rights of individuals and the fundamental structure and foundations of our democracy. In the end, I cannot be sure that Judge Alito would do either," she said.

Sen. Patty Murray, D-Wash., who supported the filibuster effort, said last week she would vote against Alito.

Bush, who nominated Alito to succeed Justice Sandra Day O'Connor, issued a statement Monday night to reaffirm his support for the former Reagan administration lawyer who has served 15 years as an appellate-court judge.

"I am pleased," Bush said, "that a strong, bipartisan majority in the Senate decisively rejected attempts to obstruct and filibuster an up-or-down vote."

Even though Alito's confirmation has seemed all but certain, liberal groups aggressively criticized Senate Democrats for failing to mount vigorous opposition. Democrats needed 41 votes to filibuster Alito, which would have stopped the confirmation from taking place before the State of the Union address.

"This vote is painful proof that a majority of senators will not stand up for women's rights, civil rights and our right to privacy when it counts the most," Debra Ness, president of the National Partnership for Women & Families, said in a statement.

But Jan LaRue, chief counsel of Concerned Women for America, said: "The idea of filibustering a fine nominee like Judge Alito is beyond ridiculous. It's an abuse of the advice-and-consent process and defies the will of the American people."

"This has turned into nothing more than a political war," said Sen. Pete Domenici, R-N.M.

Senate Judiciary Committee Chairman Arlen Specter, R-Pa., chastised some Democrats for their harsh words against Alito. Specter, who supports abortion rights, expressed frustration with liberal groups who had wanted assurances from Alito that he would not overturn Roe v. Wade, the landmark 1973 decision guaranteeing a woman's constitutional right to an abortion.

"It is a heavy responsibility to cast a vote on a Supreme Court nominee, especially one who is taking the place of Justice O'Connor — a swing vote," Specter said. "Some have said there are no guarantees, but guarantees are for used cars and washing machines."

Only one Republican of the 55 in the Senate — Lincoln Chafee, who is facing a tough re-election battle in Democratic-leaning Rhode Island — has said he will vote against Alito.

The four Democrats who have announced their support for Alito are Ben Nelson of Nebraska, Tim Johnson of South Dakota, Kent Conrad of North Dakota and Robert Byrd of West Virginia.

The final vote is set for this morning.

The only successful filibuster of a Supreme Court nominee was in 1968, when unimpeded debate kept Justice Abe Fortas' bid to become chief justice from reaching a confirmation vote.

Material from The Associated Press, The Washington Post and Los Angeles Times is included in this report.