http://news.yahoo.com/s/nm/20051113/pl_nm/...DMzBHNlYwM3MDM-Democrats urged to keep option of blocking Alito By Thomas Ferraro
Sun Nov 13, 4:03 PM ET
Despite early signals to the contrary, U.S. Senate Democrats must keep open the option of blocking a confirmation vote on U.S. Supreme Court nominee Samuel Alito, Democratic Party leader Howard Dean said on Sunday.
"This could be a defining moment," Dean said. "Judge Alito is a hard-working man, a good family man, but his opinions are well outside the mainstream of American public opinion."
Dean charged it was hypocritical for conservatives to denounce the possibility of a procedural hurdle known as a filibuster against Alito, a federal appeals judge since 1990.
Dean noted conservatives had helped force President George W. Bush's earlier nominee, White House counsel Harriet Miers, to withdraw without even getting a hearing.
"How dare they have an ad saying we want an up-or-down vote on Judge Alito, when they wouldn't give one to Harriet Miers?" Dean told NBC's "Meet the Press."
Conservatives have rallied behind Bush's nomination of Alito, 55, believing he would help push the nation's highest court to the right on abortion and other social issues.
If confirmed by the Republican-led Senate, Alito would replace retiring Justice Sandra Day O'Connor, who often has been the swing vote on the nine-member court.
A number of moderate Senate Democrats and Republicans have said at this point they see no "extraordinary circumstance" that would merit a filibuster against Alito.
And last Sunday, Democratic Sen. Joseph Biden (news, bio, voting record) of Delaware, a member of the Judiciary Committee, said he expects members of his party to permit a confirmation vote on Alito without the threat of a filibuster.
Biden and others have said a final judgment on a possible filibuster would be made after they learned more about Alito. But so far indication have been there will not be one.
Dean, asked if Democrats should keep the possibility of a filibuster on the table, said, "Absolutely. Of course we should."
Republicans control the Senate, holding 55 of 100 seats. But 60 would be needed to end a filibuster.
Alito's confirmation hearing is set to begin on January 9.
"I think the Democrats are going to have to think long and hard, as the hearings progress, about whether we should support him," Dean said.