“the upcoming vote on the constitutionality of ObamaCare”
Which there would be NO NEED FOR had specter not voted FOR it. Can’t have your cake and eat it too.
Sure he can because
(A) For whatever reason, Santorum did not trust Orrin Hatch to get Judicial nominees a fair hearing AND
(B) It was a Female Maine Senator (Olympia Snowe I beleive) who sided with the Democrats and voted to get Obamacare out of Committee and onto the Senate Floor for debate/vote. That single vote alone is what triggerred the ability for Obacare to pass the Senate.