http://today.reuters.com/business/newsa ... nN17382485
WASHINGTON, Jan 17 (Reuters) - Ben Nelson of Nebraska, a moderate voice in the U.S. Congress, on Tuesday became the first Senate Democrat to announce his support for conservative Supreme Court nominee Samuel Alito, who is expected to be confirmed later this month by the full Republican-led Senate.
"I have decided to vote in favor of Judge Samuel Alito," Nelson said in a statement issued by his office.
"I came to this decision after careful consideration of his impeccable judicial credentials, the American Bar Association's strong recommendation and his pledge that he would not bring a political agenda to the court," Nelson said.
The Senate Judiciary Committee, which held Alito's confirmation hearing last week, is expected to send President George W. Bush's nomination of Alito to the full Senate next week for anticipated confirmation.
If confirmed, Alito, 55, a federal appeals court judge since 1990, would replace retiring Justice Sandra Day O'Connor, who has often been the swing vote on the nine-member Supreme Court on abortion, civil rights and other social issues.
Most of the Senate's 44 Democrats and one independent are expected to oppose Alito, since many critics fear he would move the high court to the right.
But no Democrat has threatened to throw up the procedural hurdle known as a filibuster, largely because they are believed to lack the 41 votes that would be needed to sustain one in the 100-member Senate.
Last year, Nelson was among a group of 14 senators -- seven Democrats and seven Republicans -- who reached a compromise to end an impasse over some of Bush's most controversial judicial nominees. That preserved Democrats' right to block judicial nominees, but only under "extraordinary circumstances."
An aide to Nelson said the Nebraska Democrat sees no "extraordinary circumstance" that would warrant a filibuster of Alito.
Earlier on Tuesday, Democrat Sen. Edward Kennedy of Massachusetts, who last week criticized Alito's membership in a Princeton University alumni group that opposed efforts to enroll more women and minorities, dropped out of an all-male, social club for Harvard students and alumni.
"He has discontinued his affiliation with it (the Owl Club)," said Laura Capps, a Kennedy spokeswoman. "He believes it is a mistake to be affiliated with it."
Disclosure of Kennedy's membership in the club drew charges from Republicans in recent days that the senator had been a hypocrite in criticizing Alito for having belonged to the now-defunct Concerned Alumni of Princeton, or CAP.
Kennedy spokeswoman Capps rejected such criticism, saying, "It's absurd to compare a social club like this one to an organization like CAP, which was established to push a political agenda to oppose enrollment of women and minorities."
Capps said Kennedy joined the Owl Club in 1954, "a year before Harvard first permitted women to take classes and long before women were fully integrated into campus life."
"No one can question Senator Kennedy's lifetime commitment in the fight for civil rights, equality and justice."