Justice Official Reiterates Bush's Stance Against Voting Bill

But, she said, "I do think that it's a close and somewhat novel constitutional issue."

When Feingold asked whether the Justice Department would defend the measure if it becomes law, Elwood was hesitant.

He said proponents of the bill had presented strong arguments in its favor. Although he said he found them "ultimately unpersuasive," the executive branch would consider it important that "Congress was persuaded by these arguments," he said.

But the official declined to be pinned down on what the department would do, saying that his office is devoted to legal analysis, not policy.

"We're law nerds," he said.

After the hearing, Feingold said he would be "looking for other opportunities to get the Justice Department to commit" to defending the bill if it becomes law.

Two other critics of the bill were at the hearing -- Jonathan Turley, a professor at George Washington University Law School, and Kenneth R. Thomas, a lawyer at the Congressional Research Service. Six witnesses spoke in favor, including Eleanor Holmes Norton (D), the District's nonvoting House delegate.

It was unclear what impact, if any, the hearing would have on senators. Only two sat through the hearing -- Feingold, a strong supporter of the D.C. vote bill, and Sen. Orrin G. Hatch (R-Utah), a co-sponsor of the measure. No senators opposed to the bill were present. The Senate minority leader, Mitch McConnell (R-Ky.), has criticized the bill on constitutional grounds.

The bill is expected to face a vote in the next few weeks in the Senate Committee on Homeland Security and Governmental Affairs. Supporters are attempting to round up 60 senators' votes to head off a possible filibuster by Republicans.