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Updated Sept. 22, 2005, 11:21 a.m. ET

Senator Feinstein to vote against Roberts confirmation as nomination gathers steam
Sen. Dianne Feinstein (D-Calif.) said she will oppose John Roberts' nomination.

WASHINGTON (AP) — A second Judiciary Committee Democrat — Sen. Dianne Feinstein of California — announced Thursday she would oppose Supreme Court nominee John Roberts as his nomination made its way to the full Senate.

Feinstein, the committee's only woman, said her vote was decided after Roberts refused to fully answer her and other Democrats' questions in his confirmation hearing last week.

"I knew as little about what Judge Roberts really thought about issues after the hearings as I did before the hearing. This makes it very hard for me," said Feinstein, an abortion rights supporter.

"I cannot in good conscious cast a 'yea' vote. I will cast a 'no' vote," she said.


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She revealed her vote as the committee prepared to make its official decision later in the afternoon. A vote in Roberts' favor was assured, with the panel's majority of 10 Republicans united for the conservative justice.

The only question was which way some of the panel's Democrats would go.

Feinstein became the second of the committee's eight Democrats to say they will oppose Roberts. Liberal stalwart Edward Kennedy of Massachusetts announced on Wednesday that he will vote against Roberts in committee and on the Senate floor when the final vote is called late next week.

The Democratic caucus, however, is split on whether Roberts will make a suitable successor to the late William H. Rehnquist, indicating a split among the Senate's 44 Democrats over whether they can or should mount even symbolic opposition.

The Judiciary Democrats are split evenly so far, with their top Democrat, Patrick Leahy of Vermont, deciding Wednesday to vote to confirm Roberts, and Wisconsin Democrat Herb Kohl announcing his approval of Roberts on Thursday morning.

Senate Judiciary Chairman Arlen Specter, R-Pa., who called Leahy "my courageous colleague" Thursday morning, said Roberts has the ability to end the Supreme Court's recent 5-4 splits on issues important to Americans.

"I think he has a real sense for building consensus," said Specter, who is an abortion rights moderate.

Leahy and Kohl are not the only Democrats supporting Roberts.

Sens. Tim Johnson of South Dakota and Max Baucus of Montana have announced their support for Roberts. Sens. Ben Nelson of Nebraska and Mary Landrieu of Louisiana have indicated they are leaning toward voting for the nominee. Sen. Kent Conrad of North Dakota is viewed as a possible vote for him, as well.

Roberts is "very well credentialed," Landrieu said Wednesday.

After the committee's action, Roberts' nomination goes to the full Senate for a final vote next week. The White House wants Roberts to be in place as the nation's 17th chief justice when the Supreme Court begins its new term on Oct. 3.

Leahy was one of four senators who met with President Bush on Wednesday to discuss the second opening on the high court, a replacement for retiring Justice Sandra Day O'Connor.

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