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Graham impressed with Judge Alito
Senator cautions Democrats on use of filibuster

Posted Thursday, November 3, 2005 - 6:00 am


By Ellyn Ferguson
WASHINGTON BUREAU

WASHINGTON -- Sen. Lindsey Graham warned Democrats on Wednesday that they could lose the right to filibuster future judicial nominees if they try to use the tactic to stall the confirmation of Supreme Court nominee Samuel A. Alito Jr.

Graham issued his warning after a 40-minute meeting with Alito. Graham, a member of the Senate Judiciary Committee that will question Alito, praised the conservative federal judge from New Jersey as a "man with a (judicial) resume to die for."

"I think the president has chosen wisely," Graham said. "There's nothing I've heard yet to suggest Judge Alito is an ideologue."

The South Carolina Republican said he would be willing to change Senate rules to stop Democrats' efforts to stall Alito's confirmation because they're ideologically opposed to him.

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Graham said he would deliver his message this morning at a meeting of the so-called "Gang of 14," a bipartisan group of seven Republicans and seven Democrats who formed a pact earlier this year to end a Senate stalemate over judicial nominees.

At the time, Republicans, who are in the majority, were threatening to strip Democrats of the ability to use unlimited debate to keep nominations from being voted on.

Graham said he joined the group to stop partisan differences from destroying the institution of the Senate.

Some Democrats and civil rights and abortion rights groups say Alito would shift the Supreme Court to the right if he replaced Justice Sandra Day O'Connor, who has been a swing vote in abortion and civil rights cases.

Graham said he and Alito discussed the controversial ruling in which Alito said the Pennsylvania legislature's requirement that a married woman consult with her husband before getting an abortion was not an unreasonable burden. Alito told him he thought the legislature was within its legal authority to impose such a requirement.

Graham told reporters he would urge his 13 colleagues to meet with Alito before deciding whether to support or oppose him and then meet again. Several members of the group appear ready to take Graham's advice. Sen. Ben Nelson, D-Neb., met with Alito several hours before Graham did. Nelson told reporters the confirmation process was in its early stages but that he had "a level of comfort" with Alito's reassurances that he would not take an agenda with him to the Supreme Court.

Another group member, Sen. Robert Byrd, D-W.Va., is scheduled to talk with Alito today.