From Democrats.com:

I have confirmed reports that Kerry wants to filibuster Alito, and he is talking to his colleagues to round up the 41 votes he needs. Only two Democrats (Ben Nelson and Tim Johnson) support Alito. Only two others (Mary Landrieu and Ken Salazar) say they oppose a filibuster, but are expected to vote against Alito.

So right now, without the support of any Republicans, we still have 41 possible votes for a filibuster. There are roughly 6 moderate Republicans who should also be targeted (Lincoln Chafee, Susan Collins, Lisa Murkowski, Bob Smith, Olympia Snowe, George Voinovich). And we should work as hard as we can to persuade Landrieu and Salazar that a vote against Alito is meaningless if they don't support a filibuster.

Keep calling the Alito-8. And I'd add, end the tyranny of the gang of 14.

Colorado Senator Ken Salazar says he won't support a filibuster even though he'll vote against Judge Sam Alito. From the National Journal's Hotline (subscription):

Meanwhile, Sen. Ken Salazar (D-CO) also said 1/25 that he will not support a filibuster, even though "he still plans to vote against" Alito. While Salazar said Alito wasn't the "wisest choice for America," he said "was convinced not to filibuster Alito because of" his "stellar academic record and strong support from his colleagues." Salazar said he does not know whether other Dem "will try to block the vote," but that "if they do, he will call a meeting" of the 'Gang of 14' (Tahelm, AP/Daily Camera, 1/26).

Here's another article with the reference to calling in the gang of 14. Call his office at (202) 224-5852. Salazer has pledged not to support a filibuster unless under "extraordinary circumstances." Let him know you consider Judge Alito to be extraordinary. Perhaps if enough of his constituents demand it, he will change his mind, or at least leave the gang of 14 out of it.

Sen. Russ Feingold today issued a statement explaining his reasons for voting against Judge Sam Alito. Among them (no link yet, received by e-mail:)

To be blunt, Mr. Chairman, I found Judge Alito's answers to questions about the death penalty to be chilling. He focused almost entirely on procedures and deference to state courts, and didn't appear to recognize the extremely weighty constitutional and legal rights involved in any case where a person's life is at stake.

Are the Democrats just going to lie down and take it like the men and women they are rather than those we elected them to be? The New York Times Thursday calls them "in need of a spine." I agree. (I said the same thing the other day about the way they were reacting to Karl Rove's comments, trying to one-up him on being in support of wiretaps, practically begging the Repubs to ask Congress to gut FISA and the 4th Amendment and saying they'd be only to happy to comply.)

Back to Alito and the Times, which notes:

[Alito's] elevation will come courtesy of a president whose grandiose vision of his own powers threatens to undermine the nation's basic philosophy of government -- and a Senate that seems eager to cooperate by rolling over and playing dead.

It is hard to imagine a moment when it would be more appropriate for senators to fight for a principle. Even a losing battle would draw the public's attention to the import of this nomination. ...A filibuster is a radical tool. It's easy to see why Democrats are frightened of it. But from our perspective, there are some things far more frightening. One of them is Samuel Alito on the Supreme Court.

Not surprisingly, the Senate Judiciary Committee passed Judge Sam Alito on for a vote in the full Senate. All Democrats voted against him.The make-up of the Committee, with 10 Republicans and 8 Democratics assured this would be the outcome. Here are excerpts from the hearing this morning at which the vote was taken. The full transcript (html) is here.

Will it be any different in the full Senate? Raw Story reports today that Florida Senator, Democrat Bill Nelson announced he will vote against Alito.

Sen. Bill Frist shows us again how to talk out of both sides of your mouth (via Firedoglake):

Frist, while giving a Senate tour to Republican activists last night:

Senate Majority Leader Bill Frist told Republican Party activists on Friday night that U.S. Supreme Court nominee Samuel Alito was the "worst nightmare of liberal Democrats."

Frist's spokesman afterwards:

Frist spokesman Bob Stevenson said that Alito "is a thoughtful mainstream conservative jurist who is well respected by his peers, by Democrats and Republicans alike."

Update: Check out Daily Kos' Whip Count.

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Original Post

In a closed meeting of the Democratic caucus Wednesday, Senate Minority Leader Harry Reid and Patrick Leahy made the case for rejecting Judge Sam Alito.

As I reported yesterday, Sens. Leahy and Kennedy will be speaking publicly against Alito today.

Kevin Zeese, director of Democracy Rising and an Independent candidate for the U.S. Senate in Maryland, makes an excellent case for filibustering Alito. (received by e-mail.) While I don't think that's a realistic possibility, I hope any Democrats and moderate Republicans considering voting for Alito read his piece first. It just might change their minds.

Sen. Patrick Leahy (D-Vt.), the ranking Democratic member of the Senate Judiciary Committee, will announce his decision on the Supreme Court nomination of Judge Samuel Alito at 11:00 am Thursday, from the Georgetown University Law Center. The press is invited. His talk is officially titled "The Alito Nomination, The Supreme Court, And Presidential Power." He's expected to oppose Alito.

Sen. Ted Kennedy will announce his opposition to Alito in a speech tomorrow at 1:30 at the Center for American Progress. (received by e-mail.)

So far, Sen. Ben Nelson of Nebraska is the only turncoat. But, several Democrats are up in the air, among them, Carl Levin.

Did Judge Sam Alito tell the truth about CAP at his confirmation hearing? Here are some more details about CAP from Berkely Professor Jerome Karabel, author of The Chosen: The Hidden History of Admission and Exclusion at Harvard, Yale, and Princeton.

Prof. Karabel asks:

Why, then, in late 1989 -- 13 years after CAP was founded -- would the mild-mannered Samuel Alito tout his membership in such an organization as he sought the job of Deputy Assistant Attorney General?

....In all likelihood, Alito -- who was by all accounts a marginal and inactive member of CAP -- highlighted his membership in the organization for the most prosaic of reasons: he thought that it would signal to the movement conservatives who controlled appointments in the Justice Department that he shared their values and was a member of their network. Alito was not wrong, and in late 1985 -- shortly after Prospect published what turned out to be its last issue -- he received the promotion that helped place him on the path to the Supreme Court.

[graphic created exclusively for TalkLeft by CL.]

Senate Judiciary Chair Arlen Specter has announced he will vote to confirm Judge Sam Alito to the Supreme Court. The vote could come as early as Tuesday.

Democrats sound increasingly pessimistic about stopping Bush's drive to pack the court with conservative ideologues.

"To stop a president on judicial nominations, you either need a Democratic president, a Democratic Senate or moderate Republicans who will break ranks when it's a conservative nominee," Mr. Schumer said. "We don't have any of those three. The only tool we have is the filibuster, which is a very difficult tool to use, and with only 45 Democrats, it's harder than it was last term."

He's right. That's why we must begin focusing now on the 2006 elections and 2008.

Senate Minority Leader Harry Reid has issued this statement following the confirmation hearing of Judge Sam Alito: (received by e-mail)

“I have followed the Alito hearings closely. Democrats on the Committee did their jobs by asking tough questions about important issues: civil rights, privacy, environmental protections, the danger of unchecked presidential power and others. Unfortunately, Judge Alito’s responses did little to address my serious concerns about his 15-year judicial record.

“I have not forgotten that Judge Alito was only nominated after the radical right wing of the President's party forced Harriet Miers to withdraw. The right wing insisted that Justice O'Connor be replaced with a sure vote for their extreme agenda. Four days of hearings have shown that Judge Alito is no Sandra Day O'Connor.

“Senate Democrats will meet next week to discuss the nomination.”

Think Progress has the official list of who helped Judge Sam Alito prep for his confirmation hearings. (pdf)

Senator Lindsay Graham is not on the list.