From the AP …
Alito already was assured the votes of the 55 Republicans in the 100-member chamber “” enough to be put over the top “” when West Virginia’s Byrd and Johnson of South Dakota joined Nebraska’s Ben Nelson in saying they’ll vote yes.
Alito would become the nation’s 110th justice, replacing retiring Justice Sandra Day O’Connor. Throughout her years on the high court, she often has been a key fifth vote on contentious social issues including abortion, affirmative action and the death penalty.
“I am troubled by Judge Alito’s apparent views on matters such as executive power, his past opposition to the principle of one person, one vote, and his narrow interpretation of certain civil rights laws,” Johnson said. “Even so, I cannot accept an argument that his views are so radical that the Senate is justified in denying his confirmation.”