This is excellent news for one of President Obama's best nominees.
Sen. Richard Lugar, R-Ind., said Tuesday he will support the nomination of an Indiana University law professor to head the Obama administration’s internal law office.
He is the first Republican to publicly declare his backing for Dawn Johnsen, whose selection to head the Office of Legal Counsel has grown into a fight about abortion rights and counterterrorism practices.
Some Republicans have promised to try to block Johnsen’s confirmation either because of her support for abortion rights or because she criticized the legal justification used by the Bush administration for the torture of detainees.
Lugar’s support does not guarantee the Senate will confirm Johnsen. Sixty votes are needed to stave off a filibuster, and vote-counters say they are aware of close to 60 "yes" votes for Johnsen, but they are not declaring victory. One Democrat – Nebraska Sen. Ben Nelson – has said he will vote against Johnsen.
While Nelson has said he would vote against Johnsen, he also indicated that he would probably vote for cloture, the more important vote now that Lugar has voiced his support--support that will give plenty of cover for what's left of the more moderate Republicans. Many Republicans have yet to announce their position on the nomination, and in light of that Lugar's support is significant.
And it means that Specter's defection on the final vote on Johnsen--and note, he has not indicated that he would oppose cloture--is less important. Who knows, maybe stealing a little of Specter's new-found self-importance as a swing vote had something to do with Lugar's timing on announcing this decision.