Filibuster Of Roberts Unlikely

Senate centrists who brokered an earlier deal on President Bush's judicial nominees said Thursday that his pick for the Supreme Court is not likely to face a Democratic filibuster.

Sen. Mike DeWine, R-Ohio, said there was agreement in the group of 14 Democratic and Republican senators that Judge John G. Roberts' resume doesn't show the "extraordinary circumstances" that would meet the group's threshold for a filibuster.

While the group said it was reserving official judgment until after Roberts' confirmation hearings, DeWine said there were "no indications so far that there will be a filibuster, and I think that was the consensus in the meeting. But I think people are reserving the right to see what comes out of the hearings."

Said Sen. John Warner, R-Va., said, "This is a confirmation process, not a coronation."

President Bush, meanwhile, said he appreciates the reception Roberts has received so far in the Senate, where the nominee spent Wednesday meeting with senators and had more meetings Thursday.

"I want to thank the senators from both political parties who are giving Judge Roberts the chance to talk about his heart, talk about his philosophy," Mr. Bush said during remarks to the Organization of American States. "He is a person that'll make all Americans proud" if he is confirmed for a seat on the high court.

The president added that Roberts has the "experience, wisdom, fairness and civility to be a really good judge."

Some Democrats indicated that they don't see Roberts, a 50-year-old Republican lawyer-turned-judge as the kind of right-wing candidate they feared Mr. Bush would select.

"This is a credible nominee, and not one that — as far as we know now — has a record that in any sense could be described as extremist," said Sen. Joseph Lieberman, D-Conn. Sen. Ben Nelson, D-Neb., said the president had "made a wise choice."

Asked whether a filibuster was likely, Nelson said: "I think it's fair to say I don't see anything coming out right now."

"My sense is so far, so good," summed up Sen. Mark Pryor, D-Ark.

Majority Republican senators have been unfailingly admiring of Roberts since Bush announced the nomination Tuesday night. And even though Democrats are uncertain about his judicial philosophy, not a single Democratic senator so far has called for the conservative jurist's outright rejection. There also has been no public talk of trying to block a yes or no vote.

Other Democrats, however, said they weren't about to rubber stamp Mr. Bush's choice of a successor to retiring Justice Sandra Day O'Connor.

"No one is entitled to a free pass to a lifetime appointment to the Supreme Court," Vermont Sen. Patrick Leahy, senior Democrat on the Judiciary Committee, said Wednesday.

Abortion and access to internal government memos loomed as likely flash points as Democrats pointed toward the nationally televised proceedings, likely to begin after Labor Day.

Yet chances of a Democratic filibuster were fading.

"Do I believe this is a filibuster-able nominee? The answer would be no, not at this time," said Sen. Dianne Feinstein, D-Calif., a Judiciary Committee member and abortion-rights supporter.

Many Republicans members of the "Gang of 14," which helped avoid a confrontation over judges in May, have indicated support for Roberts.

"I think that Judge Roberts deserves an up-or-down vote, and I hope that the other members of that group agree with me," said Sen. John McCain, R-Ariz., a member. Roberts didn't say much publicly Wednesday during a five-hour visit to the Capitol, except to praise the politicians who will vote on the first Supreme Court nomination in 11 years.

"I appreciate and respect the constitutional role of the Senate in the confirmation process," Roberts said after meeting with Senate Majority Leader Bill Frist, R-Tenn., Majority Whip Mitch McConnell, R-Ky., and Judiciary chairman Arlen Specter, R-Pa.

While Democratic senators said such things as Roberts was "in the ballpark" of being a nonconfrontational selection, they refused to guarantee a smooth confirmation process.

"The nominee should be as clear and open as he possibly can in answering our questions," Leahy said.

Republicans predicted the outcome. "We intend to have a respectful process here and confirm you before the first Monday in October," when the court reconvenes, McConnell told Roberts.

The administration was taking no chances, enlisting former Sen. Fred Thompson, R-Tenn., to help smooth Roberts' path to confirmation.

Meanwhile, Attorney General Alberto Gonzales, who was at the fulcrum of early speculation as Bush's likely choice, said Thursday he understands Democrats will interrogate Roberts closely on his legal views, but said they shouldn't go too far.

Gonzales, appearing on CBS News' The Early Show, said questions about how someone will approach a case are appropriate. "But to inquire as to how someone is actually going to decide a case, I think, is inappropriate for a nominee to answer," he added.

Gonzales also insisted the administration had no "litmus test" on abortion.

"The president is forceful in saying we don't have a litmus test.
We've never asked the question of people being considered for the courts," Gonzales said. "So we expect John Roberts to come to the court with an open mind, without a personal agenda regarding this
issue or any other issue and simply listen to the arguments and
then interpret the law as he sees fit."

Meanwhile, an AP-Ipsos poll out Thursday said more than half of Americans, 52 percent, said they thought Roberts should have to state his position on abortion before he is confirmed, with women more likely than men to want to know his stance. Most of those surveyed — 59 percent — said they haven't heard enough about Roberts to form an opinion about him personally. But among those who had, 25 percent viewed him favorably and 14 percent unfavorably.

As Roberts paid courtesy calls on senators Wednesday, a conservative group bought TV ad time in support of his nomination. Abortion rights groups, meanwhile, staged protests against the nominee at the Supreme Court and the Capitol.

Progress for America, a conservative organization with ties to the administration, unveiled the opening salvo in an ad campaign designed to ensure confirmation. It stressed Roberts' resume of academic and professional accomplishments and public service — first in his class at Harvard Law School, confirmed by the Senate to his current position and lawyer in two presidential administrations.