As Democrats and Republicans spar over a potential filibuster by Democrats to block Samuel Alito’s nomination to the Supreme Court, members of the Congressional Black Caucus say Alito snubbed their recent request for a meeting.

“We never heard back from anyone in Alito’s office,” Myra Dandridge, a spokeswoman for the Congressional Black Caucus, told BlackAmericaWeb.com Monday.

Dandridge said the caucus, which has been critical of Alito’s judicial opinions involving race, asked for a meeting with Alito last month but never got a response.

“We just assumed the answer was no,” Dandridge said.  

Last week, the Congressional Black Caucus announced its collective opposition to Alito, saying Alito’s conservative views could place longstanding civil rights legislation in jeopardy.

"The members of the CBC are concerned about Judge Alito's opinions, many in dissent, in race cases where his decisions have disproportionately affected African-Americans," Rep. Mel Watt (D-N.C.), chairman of the caucus, said last week.

"We are troubled by what appears to be a very conservative judicial philosophy that seems greatly at odds with much of 20th century constitutional jurisprudence," he said.

The Caucus is particularly concerned that Judge Alito has been nominated to fill the seat of a moderate justice, Sandra Day O’Connor, who was the deciding vote in decisions of great importance to blacks, including civil rights, reproductive health, religious liberty and environmental protection. 

Among the 5-4 rulings that hang in the balance are Grutter v. Bollinger, the University of Michigan case upholding affirmative action in college admissions, and Hunter v. Cromartie, affirming that consideration of race is appropriate to assure the rights of minorities in redistricting. 

But Tara Wall, a senior advisor for the Republican National Committee, said black Americans should trust Alito.

"Judge Alito personifies the qualities President Bush said he would seek in a Supreme Court justice and African Americans can have confidence in,” Wall told BlackAmericaWeb.com.

“A man of great personal character, Alito has shown a mastery of the law and a deep commitment to justice and equality -- particularly during his time as U.S. Attorney for the District of New Jersey, where he's best known for prosecuting violations of civil rights,” Wall said. “I have no doubt, once confirmed, that he will serve us well."

Meanwhile, Senate Majority Leader Bill Frist said Sunday he is prepared to strip Democrats of their ability to filibuster if they try to stall Samuel Alito's nomination to the Supreme Court.

"The answer is yes," Frist said when asked if he would act to change Senate procedures to restrict a Democratic filibuster. "Supreme Court justice nominees deserve an up-or-down vote, and it would be absolutely wrong to deny him that."

Democrats immediately called Frist's words unhelpful and potentially incendiary. They said Senate Democrats are waiting for the Judiciary Committee to act on Alito's nomination before they decide what they may do.

"Sen. Frist has thrown down the gauntlet at a time when the country least needs it," said New York Sen. Chuck Schumer, a Democratic member of the Judiciary Committee. "The American people know that checks and balances are an integral part of our government."

Sen. Robert Byrd of West Virginia chastised Frist for threatening to stop any such effort through the drastic parliamentary effort that has been dubbed the "nuclear option."

"If he ever tries to exercise that, he's going to see a real filibuster if I'm living and able to stand on my feet or sit in my seat," Byrd said in a Senate debate with Frist.

"If the senator wants a fight, let him try it," said Byrd, the Senate's senior Democrat. "I'm 88 years old, but I can still fight, and fight I will for freedom of speech. I haven't been here for 47 years to see that freedom of speech whittled away and undermined."
 
In recent weeks, Senate Democrats have questioned whether Alito, a federal appeals court judge, has the proper judicial temperament and ideology to replace retiring Justice Sandra Day O'Connor.

Some have said that Alito's views on issues such as voting rights and abortion could provoke a filibuster unless he allays their concerns about his commitment to civil rights. Alito's confirmation hearings begin Jan. 9 before the committee.

Frist (R-Tenn.) said Alito is qualified for the high court, noting that Alito was confirmed by the Senate for the 3rd U.S. Circuit Court of Appeals.

"Sam Alito, who has a modest judicial temperament ... is someone who deserves advice and consent by the Senate," Frist told "Fox News Sunday."

Jim Manley, spokesman for Senate Minority Leader Harry Reid (D-Nev.) said that senators should be debating Alito's qualifications on their merits rather than speculating about the possibility of a filibuster.

But, he added, once the committee acts, "all procedural options are on the table. But we are months away from facing these kinds of decisions."

The filibuster is a parliamentary tactic whereby senators use their right to virtually unlimited debate to block measures, legislation or nominations. It takes 60 votes to stop a filibuster.

Passing a bill or confirming a nominee requires a simple majority -- 51 senators if all 100 senators are present. The vice president can break 50-50 ties.

Under Frist's scenario, the GOP would seek a parliamentary ruling that declares filibusters are not permitted against judicial nominees. That ruling ultimately would go before the full Senate for a vote, with a simple majority required to prevail. Republicans hold 55 seats.

If that plays out, it then would take a majority of senators present to vote to approve a nominee such as Alito.

Such a move carries great risk. Democrats have threatened to retaliate with a fight that could snarl Senate business for months. Also, it could backfire on Republicans if they were to lose majority control of the chamber.

But as Alito’s confirmation hearings are scheduled to begin next month, Watt said the Congressional Black Caucus’ position on Alito is clear.

“Senators who value the racial progress our country has made over the last 50 years should certainly be concerned, as the members of the CBC are, about Judge Alito’s opinions,” Watt said.

“Many of these opinions,” he added, “have disproportionately affected African-Americans and in long settled areas that impact federal jurisdiction and responsibility to protect the public.”