Durbin Votes `No' on Alito

Alito, a federal appeals judge, was only up for consideration as President Bush's choice to be the successor to retiring Justice Sandra Day O'Connor because support had fizzled for his first choice, the president's White House counsel, Harriet Miers.

Democrat Durbin, in his remarks before casting his vote against Alito in committee, said Miers didn't pass the litmus test of the extreme right of the Republican Party.

Durbin says she was rejected by the Republican Party to the point where the president had to withdraw her nomination.

And Durbin says the same groups that gave her the back of their hand, embraced Alito.

Alito' nomination advanced to the full Senate on a 10 to eight vote.