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How important was Arlen Specter in getting John Roberts and Sam Alito confirmed? According to Rick Santorum and my friend Jeff Lord, very important. And credit where it’s due: Specter kept his word and voted for the Bush nominees as Senate Judiciary Committee chairman. He helped get them confirmed. Historically, Specter was clearly the difference-maker for both good (Clarence Thomas) and ill (Robert Bork).

But even assuming Pat Toomey went on to lose the general election in 2004, Republicans still would have controlled 54 Senate seats and the Judiciary Committee. In 2005, John Roberts was confirmed 78 to 22. Unless you believe that Specter swung half the Senate Democrats to Roberts, there is a good chance he would have been confirmed even by a Specter-free Senate.

The vote on Sam Alito was closer, 58-42. The four Democrats who voted to confirm Alito were from red states. Maybe Specter swung Robert Byrd? He didn’t swing Lincoln Chafee, the liberal Republican who voted no. But there, the real game-changer was the cloture vote. Alito could have been filibustered and maybe Specter stopped it. But it’s worth noting that the cloture motion also passed 72 to 25. Even acknowledging Specter’s influence on moderate Democrats and tenacity in committee hearings, did he really seal the deal for Alito?

UPDATE: Specter denies offering any assurances on judges and otherwise demonstrates ingratitude to Santorum.

View all comments (20) |

crazy| 2.23.12 @ 1:27PM

yea but does anyone remember Mitt's public support for Toomey or any other conservative challenger to a moderate/liberal republican incumbent? crickets, crickets, crickets...

Bill| 2.23.12 @ 1:29PM

Santorum endorsed Arlene Specter over pat Toomey, and that Specter was the 60th "deciding" vote in the senate implementing Obamacare. Santorum helped Specter and Specter helped Obama pass Obamacare. Santorum's hands are bloody, whether he denies the fact that had he helped Toomey instead of specter, Obamacare would have had never passed in the senate, Obamacare would have been killed in the senate.

Brooklyn| 2.23.12 @ 3:07PM

You could just as easily say that when PA. did not return Santorum to the Senate, Bob Casey was the 6oth vote.

Bill| 2.23.12 @ 4:06PM

THE UNION-THUG SANTORUM GOT HIS ASS KICKED IN 2006! LONG BEFOR THE CHICAGO FUHEROR BECAME THE PRESIDENT!

Brooklyn| 2.23.12 @ 4:12PM

You cut off your nose to spite your face.

RJ| 2.23.12 @ 2:03PM

Last month, Romney attacked Gingrich as not being conservative, however Romney has said that he was an independent during the Reagan administration and that he did not want to bring back Reaganism. He also opposed the Contract with America in 1994 which was Newt's campaign platform and helped lead to the first Republican majority in the House in 40 years.

Now, Romney is saying Santorum is not conservative because he supported Specter. As someone who contributed to Pat Toomey's 2004 Senate primary race, I find Romney's attacks laughable. There is a reason why Romney has failed to win the base. Not only has he not been a leader for conservative causes; he has opposed them to cultivate a "moderate" position. He has no credibility in challenging any of the other candidates on their conservative credentials.

W| 2.23.12 @ 2:15PM

Specter was helpful in cross exaimining Anita Hill for Justice Thomas to win.

Specter also had the chart showing all the new agencies and regulations under Hillarycare that helped defeat it.

He damaged Bork's chances by giving cover to the Dems and other Republicans by his opposition to Bork since he was on the Judiciary Committee and voted to not recommend.

It may turn out that Roberts and Alito and Thomas, on the Court with Specter's help, will vote to declare unconstitutional Obamacare for which Specter provided the 60th vote.

albert constantine jr| 2.23.12 @ 2:17PM

Three things that I haven’t seen written about on this issue:

How much of a difference did Santorum’s support make in who chose to support Specter and who chose to support Toomey in the 1994 primary?

Specter managed to get himself on the air with both Rush and Hannity before the primary as he struggled to shore up his support. Was Santorum’s response the tipping point, or was Toomey’s challenge an uphill fight against an entrenched incumbent that didn’t reach its critical mass until 2009 with Specter’s votes in support of Obama prior to switching parties?

Had Toomey won in 2004, what was the likelihood he would have prevailed in the general election of 2004, in which Kerry won PA’s electoral votes, as opposed to 2010, when he won an off year election at the crest of the Tea Party and Anti-Obamacare (and anti-Obama) waves?

RJ| 2.23.12 @ 2:47PM

Good questions, Albert. I have a few thoughts on them.

Spector had other, probably more significant supporters in the 2004 primary. President Bush campaigned for him and the National Republican Senatorial Committee contributed to his campaign against Pat Toomey. I stopped making contributions to the NRSC and the Republican National Committee over that issue.

I suspect that Pat Toomey, my candidate, would not have won in 2004. It was a very close race in the favorable 2010 election year. 2004 was not so good a year in Pennsylvania.

On the original point, having the author of RomneyCare blame Santorum for ObamaCare is a silly political argument.

Brooklyn| 2.23.12 @ 3:03PM

Why would Specter at this stage have anything nice to say about Santorum? He is a political animal and will keep his word on a political deal. His own sense of honor, but that's it.

Casey Abell| 2.23.12 @ 3:03PM

"Unless you believe that Specter swung half the Senate Democrats to Roberts, there is a good chance he would have been confirmed even by a Specter-free Senate...Even acknowledging Specter's influence on moderate Democrats and tenacity in committee hearings, did he really seal the deal for Alito?"

Agree that Lord's Roberts/Alito thing is weird. Really, the votes weren't close. The idea that Specter was essential is baloney even by Lord standards.

Casey Abell| 2.23.12 @ 3:08PM

See that Hillyer is buying the baloney. Sure, Quin's so deep in the bag for Santorum, he's probably getting an exorcism right now to ward off Satan.

But come on. The idea the Specter swung the votes for Roberts and Alito is a pathetic Santorum suckup, even by the Spectator's lax standards for sucking up to Santorum. Guys, even your all-wise hero Rick can make some bad calls now and then.

Brooklyn| 2.23.12 @ 3:32PM

You don't seem to take into account the power a Committee Chairman has. The Judiciary Chairman controls the whole confirmation process.

Casey Abell| 2.23.12 @ 3:47PM

"The Judiciary Chairman controls the whole confirmation process."

Come on. Biden was Judiciary chairman and opposed Thomas, who still got confirmed (narrowly) because the votes were there.

Look, this is the Spectator and I expect apologies galore for anything Santorum does or says. But this Specter-saved-the-world goofiness is too much even for Antle. Good on him for calling b.s.

Brooklyn| 2.23.12 @ 4:14PM

With a Republican Judiciary Chairman, does Anita Hill make it to the floor?

albert constantine jr| 2.23.12 @ 4:29PM

At the time of the 1991 confirmation hearing, the Senate was in Democrat hands, and the Chairman of the Judiciary Committee was ...(wait for it)... Joe Biden.

Ironically, Biden is also credited with convincing Specter to defect in 2009.

As far as the question goes, though, Specter was still pretty junior in 1991, and others such as Orrin Hatch and Alan Simpson were senior to him on the Committee at the time.

Ed| 2.23.12 @ 3:28PM

Why waste breath defending Arlen Spector, one of the lowest specimens of humanity in recent memory. He was a disgrace and as slimy as can be. The elected equivalent of David Brock.

Occam's Tool| 2.23.12 @ 5:05PM

Politics is the art of the possible. Ron Paul is Ivory Soap Bar pure (and we all know which actress was the model for the baby on the Ivory Soap Bar---Marilyn Chambers), and got nothing done in decades except hot air---unless you count earmarks put in spending bills he voted against; Santorum, on the other hand, was instrumental in Welfare reform.

Specter and party loyalty was part of that price.

Clint| 2.23.12 @ 6:13PM

" -Santorum’s Liberal Voting Record


Rick Santorum voted with Barbara Boxer with this: S Amdt 3230 – Gun Lock Requirement Amendment

Rick Santorum voted for H J Res 47 – Debt Limit Increase Resolution – Key Vote

Rick Santorum voted for taxes in the Internet Access Tax Bill

Rick Santorum voted for HR 1 – No Child Left Behind Act

Rick Santorum voted to confirm President William J. Clinton’s nomination of Alan Greenspan to be Chairman of the Board of Governors of the Federal Reserve System for a fourth four-year term.

Rick Santorum voted for HR 3448 – Minimum Wage Increase bill which allows punitive damages for injury or illness to be taxed.

- Allows damages for emotional distress to be taxed.

- Repeals the diesel fuel tax rebate to purchasers of diesel-powered automobiles and light trucks.

Rick Santorum Voted to confirm President William J. Clinton’s nomination of Alan Greenspan to be the Chairman of the Board of Governors of the Federal Reserve System for the third four year term.

Rick Santorum voted for the protection of Abortion Clinics

I would add that this list just scratches the surface of Santorum’s career-long liberal voting record. As Sen. Rand Paul said of Santorum to CNN on Monday:

“He voted to double the size of the Department of Education… He voted to expand Medicare and add free drugs for senior citizens and he has voted for foreign aid. Those are not conservative principles. Seventy-seven percent of the American people are opposed to foreign aid and Rick Santorum has voted for it every time it’s come down.”

me| 2.23.12 @ 6:48PM

Romney is not the same as Santorum, he likely agrees with liberal judges at core, and his track record on this, IIRC, is not so hot and distrustful, especially with his team of moderates.

http://spectator.org/blog/2012.....-and-alito

Romney would never even have though to support Toomey, so it's really funny.

Also, blaming Santorum over a defect vote when Specter HAD switched parties, thereby making it just as hard for him to not vote in a block for national health care fathered by Mittens, is just silly.

More Blog Posts by W. James Antle, III

http://spectator.org/blog/2012/02/23/specter-roberts-and-alito

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