Alito confirmation looks certain after defeat of filibuster

WASHINGTON — When the Senate votes this morning on the confirmation of Supreme Court Justice nominee Samuel Alito, he's expected to get at least 57 votes, easily more than the 51 needed to join the high court.

Based on senators' statements made during floor speeches, C-SPAN, the cable network that airs congressional floor debate, has tallied 57 senators favoring Alito's confirmation and 36 against. That leaves seven — not enough to change the outcome — undecided.

Floor debate on Alito ended Monday when senators voted 72 to 25 to avoid a filibuster.

Sens. Orrin Hatch and Bob Bennett, both R-Utah, support Alito.

Bennett said in the past a judge with Alito's "experience, outstanding record, and unanimous endorsement with the highest rating by the American Bar Association, would receive more than 90 votes in the Senate," but that will not likely be the case today.

"I'm disappointed Judge Alito's nomination has been politicized so heavily today," Bennett said. "I'm confident Sam Alito will be a superb addition to the Supreme Court, and I am pleased to support him."

Hatch, a former chairman of the Senate Judiciary Committee that oversees court nominees, has been one of Alito's biggest cheerleaders through the process.

Hatch criticized the Democrats' call for a filibuster or extended time to debate Alito's nomination. Sens. John Kerry and Ted Kennedy, both D-Mass., attempted to filibuster the nominee, meaning continue debate for an unspecified amount of time. Monday's vote was for "cloture" meaning a vote to end debate, blocking the filibuster and needing three-fifths of the Senate or 60 votes.

During Monday's debate Hatch continued his praise for Alito and reiterated his belief that the main issue in the whole debate is about abortion. He said the "800-pound precedent in the room is Roe v. Wade," referring to the Supreme Court case that legalized abortion.

"Many senators and left-wing interest groups have demanded to know whether Judge Alito, if confirmed, would ever vote to overrule Roe v. Wade," Hatch said. "For most of Judge Alito's opponents, whether Roe v. Wade was correctly decided does not matter. Whether it was a legitimate interpretation of the Constitution does not matter. No, abortion advocates take a fluidly flexible approach to precedent, at least until they get the one they want. Then they become the most rigid and doctrinaire defenders of precedent, insisting on keeping what they have."