The top Republican on the Senate Judiciary Committee on Thursday refused to remove the possibility of a filibuster of Supreme Court nominee Elena Kagan.
With Kagan's confirmation hearing set to begin Monday, Sen. Jeff Sessions (Ala.) said it's wise to leave the filibuster as an open possibility in the case of an extraordinary occurrence.
"We'll just have to see how the hearing goes, I don't think it's something you should lightly do," he said on ABC's "Top Line" webcast after being asked whether or not he would take the filibuster off the table. "We'll have to see whether not extraordinary circumstances occur, I hope not."
Republicans have left the possibility of a filibuster open, even though they have indicated the prospects of stymieing President Barack Obama's court nominee in that fashion are unlikely.
Session said he has opposed filibusters of previous nominees but that the possibility must be left open.
He added that he will press Kagan on whether or not her liberal political views will creep into her court decisions.
Sessions also indicated that Republicans would in fact show up to the Monday hearing after he appeared to indicate this week that the GOP could protest over disappointment with the number of documents on Kagan released by the Clinton library.
"We are determined to be there if we possibly can but we have a troubling record here about the documents," he said, later adding that "I plan to be there Monday, yes."