Senate set to confirm Alito to Supreme Court

By Thomas Ferraro

WASHINGTON (Reuters) – Conservative federal appeals court
judge Samuel Alito appeared certain to win Senate confirmation
on Tuesday as President George W. Bush’s second successful
nominee to the Supreme Court.

Following several days of debate, the Senate was to vote on
Alito, who could move the high court to the right. Alito had a
commitment from a required simple majority of senators to be
approved.

But the vote was certain to be largely along party lines
and closer than the 78-22 tally John Roberts, Bush’s first
high-court nominee, received in September in being approved as
U.S. chief justice.

Alito, 55, would replace retiring Justice Sandra Day
O’Connor, a moderate conservative who often has been the
nine-member court’s swing vote on abortion, civil rights and
other social issues.

Alito was expected to be sworn in before Bush, who promised
to put conservatives on the federal bench, gives his State of
the Union address to Congress on Tuesday night.

The Senate on Monday soundly defeated a Democratic bid to
stop Alito with a procedural hurdle known as a filibuster.

On a vote of 72-25 — 12 more than the 60 that were needed
– the Senate approved a motion to end debate and move to a
confirmation vote.

“I am pleased that a strong, bipartisan majority in the
Senate decisively rejected attempts to obstruct and
filibuster,” Bush said in a statement.

“Judge Alito is extraordinarily well-qualified … and
America is fortunate that this good and humble man is willing
to serve,” Bush said.

Democratic Sen. John Kerry of Massachusetts, who lost the
2004 White House election to Bush, helped lead the failed
effort to mount a filibuster against Alito.

Kerry argued that Alito posed a threat to civil rights and
abortion rights and would not be an effective check on
presidential powers.

Bush nominated Alito after a rebellion within his
conservative ranks led to the withdrawal of an earlier
high-court candidate, White House counsel Harriet Miers.
Critics voiced concern that she lacked the clout and commitment
to make the court more conservative.

Conservatives rallied around Alito, who has served since
1990 as a member of the Philadelphia-based 3rd U.S. Circuit
Court of Appeals.