Three Democrats on the Senate Judiciary Committee – Leahy, Kohl, and Feingold – decided to vote in favor of Roberts’ nomination to be Chief Justice. The remaining five – Biden, Kennedy, Feinstein, Durbin, and Schumer – voted against. (see report here). Assuming this is how each of these Senators also votes on the floor, Roberts is pretty much assured of getting at least 60 votes, as right now several other Senate Democrats have indicated that they are likely to support Roberts, including Johnson, Baucus, Landrieu, Nelson (Neb.), and Conrad. Roberts may pick up a few more, but I’ll be surprised if the number of total votes in favor reaches 70.
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About the Author
Jonathan H. Adler is a professor at William & Mary Law School.
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