Senate G.O.P Lowers Expectations of Court Fight

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http://www.nytimes.com/2009/05/18/us/politics/18judiciary.html

While there is growing anticipation that the summer will bring the spectacle of a pitched Supreme Court confirmation battle, some Senate Republicans are lowering expectations that they are planning any major political fight.

President Obama has not yet named his choice to succeed Justice David H. Souter on the Supreme Court, but several Republicans acknowledge it is unlikely they will be able to derail the nomination absent some startling revelation about the candidate.

Those Republicans, including both senior staff aides and some senators, suggested in interviews that that they believe President Obama’s first nominee for the court will be confirmed without great difficulty no matter how they frame the issues during the confirmation process.

Senator Jeff Sessions of Alabama, the ranking Republican on the Judiciary Committee, has said that he would not necessarily be opposed to a nominee who was gay or an abortion rights advocate. In a recent interview, Mr. Sessions made it clear that whatever his preferences for a conservative pushback on the nominee, he can count the numbers.

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A senior Republican senate official not connected to Mr. Sessions said that “Everyone up here can see the political pieces on the board.” The official, who spoke on the condition of anonymity in order to speak candidly about the situation, said that, “No one is talking about the possibility of defeating any nominee, barring something coming out of left field.” The official said that the Democrats not only have command of the committee and a strong majority in the Senate, but any nomination comes at a time when the president’s public standing is high.