Alito

We will soon know the fate of Supreme Court nominee Samuel Alito with his hearing set to begin tomorrow.  Many pundits believe that barring any unforeseen circumstances arising from the confirmation hearings that Alito will be confirmed in a vote much closer than Chief Justice John Robert's. 

Ethan Siegal of The Washington Exchange, a private firm that tracks Congress for institutional investors, predicted "Senate Democrats will put up a fight and play to their liberal base, and then watch Alito be confirmed."

Larry Sabato, a political science professor at the University of Virginia, agreed. "There may be plenty for critics to complain about, but there is not enough to deny Alito confirmation."

Pundits have focused little attention on any potential filibuster by Alito opponents.  One month ago Senator Tim Johnson spoke about the Alito confirmation at the USD School of Law.  He was also hesitant to speak about a potential filibuster, but did indicate he felt judicial nominees who are filibustered are still receiving an up or down vote.  Johnson's rationale for this assertion was that a filibuster requires that judges who are not in the mainstream be required to receive 60 votes for confirmation rather than 50. 

If I had to make a prediction tonight, on the eve of Alito's hearing, I would predict that while Johnson may vote no on Alito's confirmation, absent "an unforeseen bombshell or bumbling performance" during the confirmation hearings Johnson will  not vote to filibuster his nomination.