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Monday, Jan. 30, 2006

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WASHINGTON -- Liberal Democrats waged an eleventh-hour attempt Monday to block Samuel Alito's Supreme Court confirmation, arguing that he would tilt the high court further to the right.

GOP Sen. Lincoln Chafee of Rhode Island also announced that he would vote against Alito's confirmation. He is the only member of the Republican Party so far to announce that he will vote against the conservative judge.

"I think he is the wrong judge at the wrong time in the wrong place," said Sen. Edward Kennedy, D-Mass., a longtime liberal stalwart. "I do not believe he is going to be part of the whole movement of the continued march towards progress in this country."

Added Sen. Jim Jeffords of Vermont, the chamber's lone independent: "The addition of Judge Alito would unacceptably shift the balance of the court on many critical issues facing our country."

But time was running out, and Alito's supporters say they already had more than enough votes to ensure that he be confirmed to succeed retiring Justice Sandra Day O'Connor. They still hoped that could happen before President Bush gives his State of the Union speech in the Capitol on Tuesday.

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The Senate was holding a test vote Monday afternoon. If Alito, 55, could garner at least 60 votes there, the final confirmation vote would be Tuesday morning. An Associated Press survey last week showed that Alito has at least 62 votes.

Sen. John Cornyn, R-Texas, called the filibuster attempt "a last-ditch partisan effort to mollify the lobbyists of the hard left. It will backfire, and a filibuster-proof majority will vote to move forward on this nomination."

Alito, a 15-year veteran of the federal appeals court, has well over 50 votes for confirmation Tuesday. At least 53 of the Republicans' 55-member majority and three Democrats - Robert Byrd of West Virginia, Tim Johnson of South Dakota and Ben Nelson of Nebraska - already publicly supporting his confirmation as the replacement for retiring Justice Sandra Day O'Connor.

Sen. Kent Conrad, D-N.D., also announced Friday he is "leaning in favor of voting for" the conservative judge.

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