The US Senate's minority leader Harry Reid said today the Democrats have insufficient votes to block President George W Bush's nomination of conservative judge Samuel Alito to the Supreme Court.
The concession reinforced the widespread expectation that Mr Alito will be confirmed next week by the full Republican-led Senate on a largely party-line vote.
Mr Alito's appointment could move it to the right on abortion and other social issues.
"Everyone knows there is not enough votes to support a filibuster," Mr Reid said, referring to the procedural roadblock that some Democrats wanted to use to put off a vote on Mr Alito.
The Nevada Democrat said, however, he would vote for such a measure to at least send a message. That vote will come on Monday with a Senate confirmation vote expected on Tuesday.
"I think it is an opportunity for people to express their opinion as to what a bad choice it was to replace [retiring Justice] Sandra Day O'Connor" Mr Reid said.
Former presidential candidate Senator John Kerry, who joined fellow Massachusetts Democrat Edward Kennedy yesterday in calling for a filibuster, returned from a trip to the World Economic Forum in Switzerland to make his case in the Senate.
"The critical question here is why are we so compelled to accept, in such a rush, a nominee who has so clearly been chosen for political and ideological reasons," said Mr Kerry.
His call drew ridicule from the White House. "This was the first time ever that a senator has called for a filibuster from the slopes of Davos, Switzerland," said White House press secretary Scott McClellan.
"Maybe Senator Kerry needs to be spending more time in the United States Senate so he can refresh his memory on Senate rules. The Senate rules say you have to have the votes in order to filibuster."