Alito fililbuster fails 25 to 72. 19 of the 43 Democrats defected. A new dark age begins.

http://www.latimes.com/news/nationworld/nation/la-013006alito_lat,0,2852865.story?coll=la-home-headlines

2:40 PM PST, January 30, 2006


Senate Clears Way for Alito Confirmation


By Edwin Chen, Times Staff Writer

WASHINGTON -- The Republican-controlled Senate today cut off floor debate on the nomination of Samuel A. Alito Jr. to the Supreme Court, clearing the way for a vote Tuesday morning on his confirmation to the nation's highest court.

If confirmed, as expected, Alito would become President Bush's second appointment to the court, following that of Chief Justice John G. Roberts Jr. With nearly three years remaining in his second term, Bush may not be done putting his conservative imprint on the court.

The Alito confirmation battle was more hard-fought than Roberts', but the outcome has not been much in doubt. Thus the hearings were at times turned into a fractious debate over the increasingly partisan nature of the process itself, with senators arguing over whether a judicial nominee's ideological views should be considered in addition to his or her qualifications.

The vote to cut off debate was 72-25. Democrats needed 41 votes to prevent the Senate from ending debate on Alito's nomination.

Also today, Alito lost his first vote among Senate Republicans, as Rhode Island's Lincoln Chafee announced at a press conference in Providence, R.I., that he would vote against the nominee.

Chafee, an abortion rights supporter, said he was fearful that Alito would not uphold abortion rights or support civil liberties.

"I am a pro-choice, pro-environment, pro-Bill of Rights Republican and I will be voting against this nomination," Chafee, a moderate who is often at odds with his party's positions, said in a statement.

However, Chafee declined to join a doomed effort by some Democrats to filibuster Alito's nomination, led by John F. Kerry and Edward M. Kennedy, both of Massachusetts.

"In Judge Alito we see patterns, patterns which demonstrate a hostility to the disadvantaged and the poor," said Kerry, the Democrats' 2004 presidential nominee.

Kennedy added: "In case after case, Judge Alito's decisions demonstrate a systematic tilt toward powerful institutions and against individuals attempting to vindicate their rights. How can a clear record like that possibly justify a lifetime position on the Supreme Court?"

Republicans denounced their effort.

"If this hyper-politicization of this judicial confirmation process continues, I fear in this moment we will institutionalize this behavior and someday we will be hard pressed not to employ political tests and tactics against the Supreme Court nominee of a Democratic president," said Senate Majority Whip Mitch McConnell ( R-Ky.).

Sen. Olympia Snowe (R-Maine), the only GOP senator who has not said how she would vote on Alito's nomination, agreed. "I find it regrettable that there are those who are trying to resurrect a filibuster even as there is clearly nothing in the record that constitutes extraordinary circumstances," she said.

Despite Chafee's intention to vote no, Alito's confirmation appears to be a foregone conclusion. More than half of the Senate's 100 members have announced their support for him. It takes a simple majority to confirm presidential nominations.

Along with the declared backing of 53 of the chamber's Republicans, Alito has the support of at least three Senate Democrats -- Robert C. Byrd of West Virginia, Tim Johnson of South Dakota and Ben Nelson of Nebraska, all of whom represent "red" states that Bush carried in 2000 and 2004.




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http://blogs.washingtonpost.com/campaignforthecourt/2006/01/roll_call_of_th.html


Roll Call of the Cloture Vote

The Associated Press tallied the 72-25 vote:

On this vote, a "yes" vote was a vote to end the debate and a "no" vote was a vote to filibuster the nomination.

Voting "yes" were 19 Democrats and 53 Republicans.

Voting "no" were 24 Democrats and one independent.


Democrats Yes
Akaka, Hawaii; Baucus, Mont.; Bingaman, N.M.; Byrd, W.Va.; Cantwell, Wash.; Carper, Del.; Conrad, N.D.; Dorgan, N.D.; Inouye, Hawaii; Johnson, S.D.; Kohl, Wis.; Landrieu, La.; Lieberman, Conn.; Lincoln, Ark.; Nelson, Fla.; Nelson, Neb.; Pryor, Ark.; Rockefeller, W.Va.; Salazar, Colo.

Democrats No
Bayh, Ind.; Biden, Del.; Boxer, Calif.; Clinton, N.Y.; Dayton, Minn.; Dodd, Conn.; Durbin, Ill.; Feingold, Wis.; Feinstein, Calif.; Kennedy, Mass.; Kerry, Mass.; Lautenberg, N.J.; Leahy, Vt.; Levin, Mich.; Menendez, N.J.; Mikulski, Md.; Murray, Wash.; Obama, Ill.; Reed, R.I.; Reid, Nev.; Sarbanes, Md.; Schumer, N.Y.; Stabenow, Mich.; Wyden, Ore.

Democrats Not Voting
Harkin, Iowa.


Republicans Yes
Alexander, Tenn.; Allard, Colo.; Allen, Va.; Bennett, Utah; Bond, Mo.; Brownback, Kan.; Bunning, Ky.; Burns, Mont.; Burr, N.C.; Chafee, R.I.; Chambliss, Ga.; Coburn, Okla.; Cochran, Miss.; Coleman, Minn.; Collins, Maine; Cornyn, Texas; Craig, Idaho; Crapo, Idaho; DeMint, S.C.; DeWine, Ohio; Dole, N.C.; Domenici, N.M.; Enzi, Wyo.; Frist, Tenn.; Graham, S.C.; Grassley, Iowa; Gregg, N.H.; Hatch, Utah; Hutchison, Texas; Inhofe, Okla.; Isakson, Ga.; Kyl, Ariz.; Lott, Miss.; Lugar, Ind.; Martinez, Fla.; McCain, Ariz.; McConnell, Ky.; Murkowski, Alaska; Roberts, Kan.; Santorum, Pa.; Sessions, Ala.; Shelby, Ala.; Smith, Ore.; Snowe, Maine; Specter, Pa.; Stevens, Alaska; Sununu, N.H.; Talent, Mo.; Thomas, Wyo.; Thune, S.D.; Vitter, La.; Voinovich, Ohio; Warner, Va.

Republicans No
None.

Republicans Not Voting
Ensign, Nev.; Hagel, Neb.


Others No
Jeffords, Vt.