Obama’s selection could be made into a filibuster

WASHINGTON — The Senate’s No. 2 Republican on Sunday refused to rule out a filibuster if President Barack Obama seeks a Supreme Court justice who decides cases based on "emotions or feelings or preconceived ideas.”

Sen. Jon Kyl made clear he would use the procedural delay if Obama follows through on his pledge to nominate someone who takes into account human suffering and employs empathy from the bench. The Arizona Republican acknowledged that his party likely does not have enough votes to sustain a filibuster, but he said he would try to delay or derail the nomination if Obama ventures outside what Kyl called the mainstream.

The White House is preparing to announce Obama’s pick to replace Justice David Souter. Sen. Dick Durbin of Illinois, the No. 2 Democrat in the Senate, said Sunday that he has been told a choice is likely to be announced this week. Those involved with the president’s decision hint that it could come as early as Tuesday.

Sen. Ben Nelson, a Nebraska Democrat who helped negotiate a compromise to avoid filibusters aimed at former President George W. Bush’s judicial nominees, said the law alone should be the guide. He also kept open the filibuster option.

Obama’s choice is expected to be confirmed, experts say, given the Democratic majority.


by the associated press