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Tuesday, Nov 01, 2005
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Posted on Tue, Nov. 01, 2005

S.C. senator warns Democrats not to try nomination filibuster




Staff Writer

South Carolina’s U.S. senators had nothing but praise for President Bush’s nomination Monday of Samuel Alito to fill the seat of retiring Justice Sandra Day O’Connor.

U.S. Sen. Lindsey Graham, the Seneca Republican, served notice on Democrats that any effort to filibuster Bush’s latest U.S. Supreme Court nominee likely will fail.

In May, Graham was one of 14 senators — half Democrats, half Republicans — to agree on a compromise that said future nominees to the Supreme Court should “only be filibustered under extraordinary circumstances.”

The nomination of Alito, a judge on the 3rd U.S. Circuit Court of Appeals, should not be filibustered, said Graham, who was ripped by some Republicans for his role in the bipartisan May compromise.

Alito is entitled to a vigorous hearing before the Senate Judiciary Committee and an up-or-down vote in the Senate, said Graham.

“To do any less would result in long-term damage to the presidency and the Senate,” Graham warned. “Filibusters based on ideology or judicial philosophy, if utilized by both parties, will create a ‘Middle East style’ of politics in the Senate.”

Graham called Alito “one of the most distinguished individuals” ever to be nominated to the high court.

Graham’s Republican cohort, U.S. Sen. Jim DeMint of Greenville, said Alito’s constitutional credentials are “unquestionable” and his judiciary philosophy “verifiable.”

Graham predicted Alito will get high marks from the legal community and will be viewed in the same favorable terms as John Roberts, recently confirmed as chief justice.

In exchange for the compromise, seven Republicans, including Graham, said they would vote against an effort to do away with the filibuster on judicial nominations, the so-called “nuclear option” that some Senate Republicans had threatened.

“I do not believe a filibuster attempt (against Alito) based on ideology will be successful,” said Graham.

If the seven Democrats in the “Gang of 14” violate that agreement, Graham hinted he might support the nuclear option, which would allow a simple majority to cut off filibusters on judicial nominees.

It takes 60 votes to cut off extended debate.

Reach Bandy at (803) 771-8648 or lbandy@thestate.com.


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