Judiciary Panel to Vote on Roberts Today

WASHINGTON - Chief justice nominee John Roberts is picking up support among divided Democrats with a vote planned for today in the Senate Judiciary Committee. Approval by the committee seemed assured, with the panel's majority Republicans united and top Judiciary Democrat Patrick Leahy on board.



Another committee Democrat, liberal stalwart Edward Kennedy, said he would vote against Roberts. A number of Democrats not on the committee said they would oppose Roberts when the Senate votes, indicating a split among the Senate's 44 Democrats over whether they can or should mount even symbolic opposition to the successor to late Chief Justice William H. Rehnquist.

Democrats including Sens. Tim Johnson of South Dakota and Max Baucus of Montana have announced their support for Roberts. Sens. Ben Nelson of Nebraska and Mary Landrieu of Louisiana have indicated they are leaning toward voting for the nominee. Sen. Kent Conrad (news, bio, voting record) of North Dakota is viewed as a possible vote for him, as well.

Roberts is "very well credentialed," Landrieu said Wednesday.

Six other Judiciary Committee Democrats — Joseph Biden, Herb Kohl, Charles Schumer, Dick Durbin, Russell Feingold and Dianne Feinstein — had not announced their votes as of Wednesday.

After the committee's action, Roberts' nomination goes to the full Senate for a final vote next week. The White House wants Roberts to be in place as the nation's 17th chief justice when the Supreme Court begins its new term on Oct. 3.

Leahy was one of four senators who met with President Bush on Wednesday to discuss the second opening on the high court, a replacement for retiring Justice Sandra Day O'Connor.

The stakes become greater with the next nominee, and "the next nomination is going to be a great deal more contentious," Sen. Arlen Specter (news, bio, voting record), R-Pa., the Judiciary Committee's chairman, told reporters following the meeting with Bush.

The conservative Roberts would replace Rehnquist, a reliably conservative vote on the court. O'Connor has been one of the court's swing voters on affirmative action, abortion, campaign finance, discrimination and death penalty cases. Replacing her could give the president a chance to swing the court to the right on many issues.

Leahy's support of Roberts upset some liberal interest groups. Ralph Neas, head of People for the American Way, called it "inexplicable and deeply disappointing."

Durbin and Schumer were confronted by People for the American Way's founder, television producer Norman Lear, and other major Democratic Party supporters during a trip to the West Coast over the weekend, according to party officials familiar with the conversation.

The Congressional Hispanic Caucus also is opposing Roberts, and House Democratic leader Nancy Pelosi of California sent a letter to the Judiciary Democrats urging them to vote against him.

"Confirming Judge Roberts as chief justice will put our liberties and civil rights at risk, a risk we cannot afford," she said.

Other Senate Democrats opposing Roberts include Democratic leader Harry Reid, Barbara Boxer of California, John Kerry of Massachusetts and New Jersey Sens. Jon Corzine and Frank Lautenberg.

Sen. John Cornyn (news, bio, voting record), R-Texas, said in a prepared statement, "Judge Roberts is the most qualified nominee I can imagine, and if members of this committee cannot support him, they cannot support any nominee who shares the values of a conservative president."

Leahy called Roberts a "man of integrity."

"I can only take him at his word that he does not have an ideological agenda," the Vermont Democrat said after meeting with Bush.

Specter, Leahy, Reid and Senate Majority Leader Bill Frist, R-Tenn., met with Bush at the White House over breakfast Wednesday to discuss O'Connor's replacement. While the senators offered some names, the president did not share his own opinions.

One potential nominee discussed was Attorney General Alberto Gonzales, a longtime favorite of the president who would become the first Hispanic named to the court.

Reid and Leahy also suggested other Hispanic candidates, including Judge Sonia Sotomayor of the 2nd U.S. Circuit Court of Appeals, Judge Ed Prado of the 5th U.S. Circuit Court of Appeals and U.S. District Court Judge Ricardo Hinojosa, officials said. These officials spoke on condition of anonymity because of the confidential nature of the meeting.

White House press secretary Scott McClellan said Bush was considering a diverse list.