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Sunday, Jan. 8, 2006 11:09 a.m. EST

Dianne Feinstein Urges Alito Filibuster

Sen. Dianne Feinstein, D-Calif., said Sunday that she will support a Democratic filibuster of Supreme Court nominee Samuel Alito if it becomes clear he'll vote to overturn Roe vs Wade.

Asked if she would consider it "filibuster material" if she finds out that Alito intends to vote against Roe, Feinstein told "Fox News Sunday": "If I believe that he was going to go in there and overthrow Roe, the question is, most likely, yes."

The California Democrat, who sits on the Senate Judiciary Committee, said that any High Court nominee who thought Roe had been "improperly decided" was outside the judicial mainstream.

"Precedent has been established," Feinstein insisted. "Women all over America have come to depend on it. Because of the lapse of time, more than 30 years, because of the precedential values attached to it, I think it would be, for many of us, a very difficult thing to see somebody who you knew was going to overthrow Roe [added to the Court]."

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  Asked if opposition to Roe qualified as an "extraordinary circumstance" that would warrant a filibuster, the Judiciary Committee Democrat said tersely, "Yes."

Appearing on the same program, Sen. Lindsey Graham blasted Feinstein for her comments.

"That's a very dangerous thing to say," Graham complained. "If you have to come to the [Judiciary] Committee and say that under no circumstances will I entertain to look at Roe v Wade anew, I think that's very unfair."

Speaking as a member of the gang of 14, which was formed last year in a bid to avert judicial filibusters, Graham said he would vote in invoke to so-called nuclear option.

"I would consider [opposition to Roe] not only not an extraordinary circumstance, [it's] a threat to the independence of the judiciary," he told Fox. "And I would stop it in its tracks with my vote."

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