Alito Makes The Rounds

A centrist Democratic senator complimented Supreme Court nominee Samuel Alito Wednesday as a moderate jurist who won't "hammer away and chisel away" existing law.

While Sen. Ben Nelson did not endorse President Bush's latest nominee for the high court, he did say he was impressed by what he heard from Alito during his introductory visit. As Alito made rounds in the halls of Congress, his crowded schedule has been heavily skewed toward visiting Republicans and moderate Democratic members of congress, CBS News Radio correspondent Bob Fuss reports.

The Nebraska Democrat, who was Alito's first senatorial host Wednesday, told reporters that he got assurances that Alito would not be "judicial activist" or "take an agenda to the bench" if confirmed to succeed Associate Justice Sandra Day O'Connor, who is retiring. However, he did not say he would vote for Alito.

"He assured me that he wants to go to the bench without a political agenda," said Nelson, one of the founding members of the centrist "Gang of 14" senators who earlier this year worked out a compact aimed at avoiding judicial filibusters except in the direst of circumstances.

On The Early Show, Attorney General Alberto Gonzales told Julie Chen that, for Democrats, it might be hard to argue that Alito is not eminently well qualified to serve on the highest court in the nation — and Congress will hear why in hearings.

"The American people will get the opportunity to learn more about him, as will the Senate Judiciary Committee, in the upcoming hearings," Gonzales said.

Some Democrats, pointing to Alito' rulings as a federal appellate court judge on abortion, gun control, the death penalty and other issues have already raised the threat of a filibuster — an attempt to deny the 55-year-old lawyer a yes-or-no vote by the full Senate. Republicans hold 55 seats in the Senate, and while confirmation requires a simple majority, it takes 60 votes to break a filibuster.

And some say it's tough to know what to expect from Alito on abortion. Chen asked Gonzales to shed some light into how Alito might rule if the issue of choice comes before the court. While Gonzales would not answer the question directly, he did say: "We would expect … that he would come to the case with an open mind, that he would listen to the arguments, he would read the briefs, he would look at the precedent, he would talk with his colleagues, and he would reach the appropriate decision based upon his evaluation of all those factors."

Nelson, one of the 14 centrist senators that Democrats would need to sustain a filibuster, said that Alito "wants to decide each case as it comes before him."

Without the group's seven Republicans, Democrats would not be able to prevent Senate Majority Leader Bill Frist, R-Tenn., from abolishing judicial filibusters and confirming judges with a simple majority vote.

The Group of 14 is to meet Thursday to talk about Alito, who picked up an endorsement Wednesday from Sen. Chuck Hagel, R-Neb.

"I look forward to enthusiastically supporting his nomination," said Hagel, one of several senators that Alito was scheduled to meet with during the day.

Democrats have been worried about how Alito would rule as the replacement for O'Connor, who has been a swing vote on such issues as abortion and affirmative action. He was nominated to replace White House counsel Harriet Miers, who withdrew last week after conservatives and anti-abortion groups refused to support her nomination and questioned whether she was qualified.

Republicans have said that Alito is more than qualified, pointing to his 15 years on the U.S. Court of Appeals for the 3rd Circuit and his work as a government lawyer and prosecutor.

President Bush is pushing for votes on Alito's nomination before the end of the year.

Borger reports that Alito's confirmation could hinge on the votes of moderate Democrats and Republicans who will likely press the nominee on abortion, assault weapons and healthcare issues.

Republicans have responded to the threat by saying they would seek a vote to abolish the filibuster in cases of Supreme Court and federal appeals court nominations.

A showdown over that issue was narrowly averted last spring when seven lawmakers from each party brokered a compromise. But already, two of the seven Republicans involved in that compromise, Sens. Mike DeWine of Ohio and Lindsey Graham of South Carolina, have indicated they would side with their leadership this time. That suggests Democrats would lose a showdown if it went that far.

Purely in practical terms, the timing of O'Connor's departure could have at least a temporary impact on a few cases that could split the court.