Washington – Sen. Ken Salazar said Thursday that he will oppose Judge Samuel Alito as a Supreme Court justice, saying the jurist is “outside the mainstream of American law.”
After studying Alito’s record, the Colorado Democrat said he concluded the judge’s “judicial philosophy will expand executive power too far, hurt the checks and balances built into our Constitution to protect us all, and roll back important civil rights protections that were achieved in our country through the sacrifices of many.”
Salazar declined to expand on his statement.
Vermont Sen. Patrick Leahy, top Democrat on the Judiciary Committee, which held Alito’s confirmation hearings last week, also said Thursday that he will vote no, as did Montana Democrat Max Baucus the day before.
Salazar, Leahy and Baucus all voted to confirm Chief Justice John Roberts, President Bush’s first Supreme Court pick, in September.
Nebraska’s Ben Nelson is the only Senate Democrat so far to back Alito. Colorado Sen. Wayne Allard, a Republican, announced his support two months ago.
Joining most Democrats in voting against Alito diminishes Salazar’s standing as an independent Senate voice, but it boosts his power within the national Democratic Party, said Colorado pollster and political analyst Floyd Ciruli. Salazar remains a senator whom others go to when seeking swing votes, Ciruli said, but his stand on Alito shows party loyalty on crucial votes.
“He solidifies himself as a (Democratic) player,” Ciruli said. “When there’s an issue that’s absolutely critical, he’s with you. He’s not a rogue.”
One-third of Colorado’s voters are independents. Those voters are likely to be split on Alito, with perhaps more preferring that Salazar vote to confirm Alito, said Bob Loevy, political science professor at Colorado College in Colorado Springs.
But even those voters won’t hold it against Salazar, he said, adding, “It will quickly fade.”
The Senate Judiciary Committee is scheduled to vote on Alito on Tuesday. If the committee approves him, as expected, full Senate debate will begin Wednesday. A Democratic filibuster attempt is not expected.
Salazar is among the “Gang of 14” senators – half of them Republican, half Democrat – who agreed to uphold the right to filibuster judicial appointees only in “extraordinary circumstances.”
Alito would replace retiring Justice Sandra Day O’Connor, a swing vote on many issues.
Colorado’s Republican Party condemned Salazar’s decision.
“Sen. Salazar is nothing more than a partisan pawn who is simply toting the party line of the extreme liberals within his party,” said party chairman Bob Martinez. “Sen. Salazar claims that he thinks Alito will move the court ‘out of the mainstream of American law.’ To Salazar I say, this vote is out of the mainstream of the Colorado voters.”
Democrats praised Salazar’s decision.
“It’s a definite boost” for Salazar, said Jim Gibson, president of the Colorado Democratic Leadership Council. Salazar “has such a strong level of trust with voters in Colorado, because he’s voted so independently, they’ll trust his judgment on this particular vote as well.”
At a rally Thursday at the state Capitol marking the anniversary of the Supreme Court’s 1973 Roe vs. Wade decision recognizing abortion rights, a few participants praised Salazar.
“Judge Alito indeed is no good for women and no good for America in general,” said the Rev. Ignacio Castuera, national chaplain for Planned Parenthood Federation of America.
Staff writer Mark P. Couch contributed to this report.
