Democrats doubt they can stop Alito

WASHINGTON -- Senate Democrats yesterday emerged from a private meeting held to discuss Supreme Court nominee Samuel A. Alito Jr. with no final decision on whether they intend to use a filibuster to stall his nomination, but most doubted they have enough votes to keep Alito from joining the high court.

No one in the meeting made a case that Alito's nomination represents an ''extraordinary circumstance," the standard that would give Democrats the 41 votes they'd need to sustain a filibuster, said Senator Ben Nelson, a Nebraska Democrat who intends to vote for Alito.

''As of right now, I don't see [a filibuster] happening," Nelson said, adding that he expects a few conservative Democrats to join him in supporting President Bush's nominee to replace retiring Justice Sandra Day O'Connor.

''There will always be people talking about it, people talking about it out of frustration or because of legitimate concerns," he said. ''The question is, would a filibuster attempt be successful? At this point in time, I don't see it."

At yesterday's meeting, several Democrats who serve on the Senate Judiciary Committee laid out their reasons why Alito should be opposed: his record on abortion, his favoring of expansive White House power, and lingering questions about his integrity, according to senators who attended the closed-door meeting.

After the meeting, Democrats were more eager to talk about the party's message of the day: the need for lobbying reforms. Asked after the meeting whether he could discuss his party's strategy on the Alito nomination, Senator Patrick J. Leahy of Vermont, the Judiciary Committee's ranking Democrat, said, ''No," then playfully snapped pictures of reporters before heading to a press conference on Democrats' proposals for ethics reforms.

Richard J. Durbin, the Senate minority whip and a Judiciary Committee member, said it's too soon to tell how many Democrats will vote against Alito, a veteran federal appellate judge. The committee is set to vote on the nomination Tuesday, with debate on the Senate floor likely to conclude by the end of next week.

''There are a lot of Democratic senators who are going to vote no," said Durbin, an Illinois Democrat. ''Whether that's a number that's substantial remains to be seen."

Several influential Democrats, including Judiciary Committee members Joseph R. Biden Jr. of Delaware and Dianne Feinstein of California, have indicated that they don't think a filibuster is likely. Republicans control 55 of the 100 Senate seats, and seven of the 44 Democrats are part of a bipartisan group whose members agreed not to participate in a filibuster of a judicial nominee except under ''extraordinary circumstances."

Still, a range of liberal groups want senators to use a filibuster -- a parliamentary maneuver that can stall a nomination indefinitely -- to block Alito from a seat on the Supreme Court. A coalition of five women's interest groups yesterday said Democrats should reject Alito because they question his commitment to protecting women's rights.

''The confirmation process is not over, even though it may sometimes sound as if Samuel Alito has already been confirmed to the US Supreme Court," the coalition said in a statement.

''Women across the nation need to understand what is at stake -- and why we have called for a filibuster to protect the right to privacy, individual rights, liberty, and personal safety," said the coalition, which comprises the National Organization for Women, the National Congress of Black Women, the Feminist Majority Foundation, the National Council of Women's Organizations, and the National Latina Institute for Reproductive Health.

Kim Gandy, president of the National Organization for Women, said she still hopes senators will fight Alito's nomination. ''It needs to happen," Gandy said. ''There needs to be a filibuster of this nomination. A 'yes' vote on Alito will come back to haunt every senator who casts it."

Prominent Democrats are set to lay out their positions on Alito in the coming days. Leahy, who supported the nomination of Chief Justice John G. Roberts Jr. last year, is expected to announce his opposition to Alito in a speech today.

Senator Edward M. Kennedy, a Massachusetts Democrat who voted against Roberts, will announce his opposition to Alito today in a speech that will ''discuss the many reasons why his 'no' vote is a vote for progress," according to a press release issued by his office.

Also yesterday, Senator Max Baucus, Democrat of Montana, said he'll vote against the nominee. After meeting with Alito, Baucus said he isn't sure about Alito's commitment to privacy rights and has questions about past statements in which the judge seemed too willing to cede broad powers to the executive branch. ''He's just not right for Montana. He's just not right for America," Baucus said. ''It just seems to me he's too much over to the right wing."

Harry Reid, Democrat of Nevada and the Senate minority leader, said no decision has been made regarding a filibuster. Still, while many of his colleagues have contended that they need to review the transcript of the hearings and receive written responses to follow-up questions before making up their minds, Reid said he is inclined to oppose Alito.

''I'm not a fan of Alito," Reid said. ''I haven't been a fan since his name was mentioned. I don't need more information to say that this was a very poor choice."

Material from Globe wire services was used in this report.