Senators keep filibuster option open

WASHINGTON, May 24 (UPI) -- Senate Minority Leader John Kyl said Sunday that Republicans might block President Barack Obama's nominee to the U.S. Supreme Court.

Speaking on "Fox News Sunday," the Arizona Republican said the GOP may use a procedural move to block Obama's pick if the nominee appears to decide cases on the basis of emotions.

"We will distinguish between a liberal judge on one side and one who doesn't decide cases on the merits but, rather, on the basis of his or her preconceived ideas," Kyl said.

The Obama administration is reportedly preparing to announce the president's pick to replace Associate Justice David Souter, who plans to retire when the high court's term ends this summer.

Appearing on the same program, Sen. Ben Nelson, D-Neb., said Obama should tap a nominee who will decide the law fairly. He too said the filibuster option is open for Democrats.

"We don't want to have to read judges' minds. So I think that's the test — will they be an activist or not?" Nelson said. "I would hope that there wouldn't be any circumstances that would be so extreme with any of the president's nominees that the other side would feel the need to filibuster or that I might feel the need to filibuster in a case of extraordinary circumstances."