www.nytimes.com/2006/01/26/politics/26cnd-alito.html
for a Supreme Court seat appeared inevitable this afternoon, despite what seemed to be a quixotic attempt to stop it, as the nominee picked up the support of two more Democratic senators.
Robert C Byrd of West Virginia and Tim Johnson of South Dakota, joined Senator Ben Nelson, Democrat of Nebraska, in crossing party lines to endorse Judge Alito, whom many Senate Democrats have assailed as so conservative as to be out of the judicial and social mainstream. He said he had become convinced that Judge Alito was "an honorable man who loves his country and loves his Constitution. Mr Johnson announced his support for Judge Alito in a statement that was decidedly tepid. "Judge Alito's long record raises concerns across a broad range of areas," he said. "Clearly, he would not have been my pick for the Supreme Court." Still, the senator said, "I do not believe that simple political ideology ought to be a deciding factor so long as the nominee's views are not significantly outside the mainstream of American legal thinking." Mr Johnson added, "I cannot accept an argument that his views are so radical that the Senate is justified in denying his confirmation."
Bill Frist of Tennessee, the Republican majority leader, said this afternoon that the Senate would vote on Monday on whether to end debate, and that he expected the confirmation vote to be held Tuesday morning.. C-Span2, which has kept a running tally of senators who announce their positions, counted 54 votes in favor of Judge Alito by late this afternoon, against 31 opposed to him.
John Kerry, both of Massachusetts, were known to have tried to build support for a filibuster, a Senate delay-through-debate technique that requires 60 votes to defeat. Mr Kennedy and Mr Kerry delivered an impassioned plea to the Democratic caucus on Wednesday, but they failed to persuade enough of their colleagues.
Harry Reid, was said to be firmly against a filibuster, in part because he thinks Democrats might incur too much ill will for opposing a candidate who is considered well-qualified, whatever his ideology. Since three of the 44 Democrats are already on record supporting Judge Alito, every other remaining Democrat would have to sign on to a filibuster. No Republican has yet come out in opposition to the nominee.
Olympia J Snowe of Maine, had yet to announce their decisions by late this afternoon. Susan M Collins, another moderate Republican from Maine, said she would vote for Judge Alito.
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