Posted on 10/31/2005 8:57:20 PM PST by nj26
Senate Democrats will lead the opposition to Samuel A. Alito Jr.'s Supreme Court nomination, but a handful of Republican moderates could ultimately decide its outcome, several analysts and lawmakers said yesterday.
The roughly half-dozen GOP senators who support abortion rights are scrutinizing Alito's dissent in a major 1991 abortion case. If they determine that his judicial record or his answers to questions signal a willingness to overturn the 1973 Roe v. Wade ruling that legalized abortion, they will fall under heavy pressure to oppose him, said congressional scholars and analysts.
With Republicans holding 55 of the Senate's 100 seats -- and with Democrats raising the possibility of a filibuster, in which 41 senators could prevent a confirmation vote -- Alito can withstand few Republican defections if Democrats solidly oppose him. That is by no means certain, experts note, but it is possible.
"I think the moderate, or pro-choice, Republicans will likely determine the fate of this nomination," said University of North Carolina law professor Michael Gerhardt, a constitutional expert.
Julian E. Zelizer, a Boston University history professor who has written extensively on Congress, agreed. "This nomination is going to put pro-choice Republican senators in an extremely uncomfortable position," he said. "The reality is that most Republicans who are not strong pro-life advocates were much happier when the abortion issue was not on the front pages."
But Alito's nomination seems destined to put it there. In 1991, he was the lone dissenter in Planned Parenthood v. Casey , in which the U.S. Court of Appeals for the 3rd Circuit struck down a Pennsylvania law that required a married woman to inform her husband before having an abortion.
(Excerpt) Read more at washingtonpost.com ...
Sad state of affairs.
Unless the RINOs can find something scandulous in Alito's past, they may as well leave the party if the don't support him.
McCain is really screwed on this one. There is no way he can succesfully run for the Republican presidential nomination and vote against a highly qualified conservative supreme court nominee.
("Denny Crane: Gun Control? For Communists. She's a liberal. Can't hunt.")
While I'm guessing your numbers are right and that there will be quite a few Democrats that vote to confirm, why are you singling out Feingold? Nelson is a safe pick as he is probably the most "republican" of the Democrats, but I'm not understanding the Feingold pick. Has he said something I'm not aware of?
DeWine and Graham have already gone on the record - no filibuster deal.
This is a perfect situation for us.
We win either way. We get Alito on the Court, or we out the RINO's forever in the Party. As well as put the Dems on the hot seats in red states under intense scrutiny. Then we use their choices to exact vengence in '06, '08 and '10 gaining enough seats to confirm Alito without them if he's denied now.
So, the question really should be, how many RINO's & DINO's feel lucky? ;-)
It is possible to be pro-choice and also originalist and anti-Roe. Reversal of Roe will just kick the issue back to the states where it should have been all along.
("Denny Crane: Gun Control? For Communists. She's a liberal. Can't hunt.")
Wisconsin is becoming a competitive state for Republicans. Feingold is aware of this, which is why he voted for Roberts. He does have the buffer of being the only Dem to vote against the war, it gives him a little leeway with the Dem base in his quest for their Presidential nomination.
Still, Roberts was one vote not likely to change balance. The question now is the calculation he'll make. Senatorial long term viability vs edging a competitive lead to be president. Two different constituencies to balance in this decision.
Feingold is interested in running for president though. How does he vote for Roberts AND Alito (assuming Alito is a relatively close vote) and still try to appeal to Democrat primary voters?
I think you are correct, so what is really going on here? Could it be that the real fear is ending up with a Supreme Court that adheres to the Constitution as a principle across the board and an end to the ability to keep conservatives off of the courts simply because they are conservative? What a nightmare for "progressives".
I would not count on Snowe or Collins. They may not be able to survive in their home states if they vote for Alito. I also think Specter will join the other side; he's been quite unambiguous about where he comes down on pro-life judges.
I don't think Kay will dare vote against Alito. If she does, she is gone.
If Roe is overturned abortion will become illegal in many parts of the country, and heavily restricted in others. For one who believes in a woman's right to abortion, an objection to anti-Roe judges is then quite rational.
Word. I can a handle a RINO from Maine or Rhode Island, but there's no excuse for one from Texas.
Kay has ambitions. She wanted to run for gov, but that has been quashed (I think). I agree with you about the NE RINOs. McCain was wishy-washy on H&C last night. We will see about the others.
How can you leave Harkins off this list?
How many democrat (DINO) Senators are there that are really in cahoots with the republicans????
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