Democratic Filibuster of Roberts Unlikely
Associated Press
WASHINGTON - The possibility of a Democratic filibuster against Supreme Court nominee John Roberts in the Republican-controlled Senate seemed to all but disappear Wednesday.
One key Democrat said Roberts was "in the ballpark" of being a non-confrontational selection, and a Judiciary Committee Democrat said she didn't think Bush's nominee was "filibuster-able."
At the same time, a conservative group purchased TV ad time in support of Roberts while abortion rights groups staged protests against him at the Supreme Court and Capitol.
On Capitol Hill, Republicans moved to squeeze Roberts' confirmation hearings and vote into a one-month timeframe after Labor Day.
While refusing to commit before Roberts' confirmation hearing, Senate Democratic leader Harry Reid of Nevada said he hadn't heard any senators in his party mention filibustering President Bush's replacement for retiring Justice Sandra Day O'Connor.
"Do I believe this is a filibuster-able nominee? The answer would be no, not at this time I don't," said Sen. Dianne Feinstein (news, bio, voting record) of California, a strong abortion-rights supporter and a Democratic member of the Judiciary Committee.
Several of the seven GOP members of the so-called "Gang of 14" who brokered a deal over judicial filibusters indicated they thought a filibuster against Roberts would be unwarranted. Most have already praised Roberts, and their support would make it almost impossible for Democrats to carry out a filibuster.
The fourteen senators will meet Thursday morning to talk about Roberts.
"I think that Judge Roberts deserves an up-or-down vote, and I hope that the other members of that group agree with me," said Sen. John McCain, R-Ariz.
Democrat Joe Lieberman of Connecticut said the group had sent a message to the president to send the Senate a mainstream conservative. "And it appears at first look that Judge Roberts is that," he said.
Roberts is "in the ballpark of a non-confrontational nominee," Lieberman added.
Judiciary Committee Arlen Specter, R-Pa., said he preferred waiting until September to begin hearings, though that would give the Senate just four weeks to complete all action on Roberts.
O'Connor has said she will stay on the court until Roberts is confirmed, but Republicans believe Roberts is more conservative and would rather have him voting on close cases than O'Connor, who has been the swing vote in several 5-4 decisions by the justices.
Specter hinted that he may allow only three or four witnesses at Roberts' confirmation hearing, and that he doesn't see it going beyond three or four days. "But we're not going to rush it," he said. "We're going to take whatever time is needed."
Senators also may hold closed hearings if there is confidential information to be discussed, Specter warned. Roberts' confidential FBI file may be stored in the Capitol's fourth floor intelligence briefing rooms to keep media leaks to a minimum, Specter added.
To support Roberts, the conservative Progress for America said it will spend $1 million on grass-roots efforts and the first Roberts advertising on TV, radio and the Internet.
The television ads, scheduled to start Wednesday night, will be limited to national cable news channels. The ads will also be shown Sunday in the Washington, D.C., television market during the morning talk shows on local affiliates of CBS, ABC and NBC.
"Shouldn't a fair judge be treated fairly? Urge the Senate to give John Roberts a fair up-or-down vote," the ad says, a reference to the simple majority of 51 votes needed to confirm rather than 60 votes required to overcome a filibuster.
Abortion-rights groups rallied in Washington in hopes of building support to stop Roberts' confirmation.
Several hundred women marched Wednesday morning in front of the Supreme Court, which faces the east front of the U.S. Capitol, carrying signs that said, "Save Roe!" and "Our bodies, our lives, our right to decide!" Others headed to a Senate office building where Roberts was to meet with top Judiciary Democrat Patrick Leahy of Vermont.
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