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Democrats have first defector in Alito vote

Washington — Senate Democrats are to meet today to discuss whether to continue fighting the Supreme Court nomination of Samuel Alito with a filibuster or accept what Senate Majority Leader Bill Frist (R-Tenn.) says is inevitable.

"Despite these tactics, Judge Alito remains on track to be confirmed as Justice Alito," Frist said in a statement . "A justice delayed will not be a justice denied."

Democrats suffered their first defection Tuesday when Sen. Ben Nelson of Nebraska announced he will vote to confirm Alito.

Nelson, a conservative Democrat seeking re-election this fall in a Republican state, said in a statement he will support Alito "because 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."

Democrats have delayed the nomination of Alito, now a judge on a federal appeals court, as long as possible, forcing the Senate Judiciary Committee to push back its vote on him until next week.

Senate Minority Leader Harry Reid (D-Nev.) said last week at the conclusion of the committee's hearings on Alito's nomination that he wanted the panel to delay its recommendation to allow him to discuss the nomination with his fellow Democrats when the Senate reconvenes today.

One option still available to the Democrats is to filibuster Alito's nomination when it reaches the Senate floor. With Republicans commanding a 10-8 majority on the Judiciary Committee, Democrats lack the votes to kill the nomination when it comes up for a vote by the panel Jan. 24.

It appears, however, that none of the moderate Democrats who formed an alliance with Republicans last year to avoid a filibuster showdown over judicial nominations see any circumstances to justify endless debate to kill Alito's nomination.

The Associated Press contributed information about Sen. Ben Nelson's decision.