The Chicago Sun Times reports that contrary to most media accounts, the ascension of ScAlito to the Supreme Court is not a done deal:
U.S. Sen. Dick Durbin (D-Ill.) announced Thursday he will vote against Judge Sam Alito for the U.S. Supreme Court. . .
Around the country, six other Democrats announced they will vote "no" on Alito, including Ted Kennedy (D-Mass.), Patrick Leahy (D-Vt.), Max Baucus (D-Mont.) and Ken Salazar (D-Colo.). One Democratic senator, Ben Nelson of Nebraska, has said he will vote for Alito. One Republican, Lincoln Chafee of Rhode Island, reportedly may vote against him. No others have said they are breaking party ranks. . .
As the No. 2 Democrat in the Senate, it's Durbin's job to count votes for and against Alito. He said he won't know until Tuesday if there are enough strong opponents to filibuster Alito's nomination.
"A week ago, I would have told you it's not likely to happen," Durbin said. "As of [Wednesday], I just can't rule it out. I was surprised by the intensity of feeling of some of my colleagues. It's a matter of counting. We have 45 Democrats, counting [Vermont independent] Jim Jeffords, on our side. We could sustain a filibuster if 41 senators ... are willing to stand and fight.
"We're asking senators where they stand. When it reaches a critical moment when five senators have said they oppose a filibuster, it's off the table. It's not going to happen. But if it doesn't reach that moment, then we'll sit down and have that conversation."
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