HARRISBURG — U.S. Sen. Arlen Specter said the issue of warrantless wiretapping by government investigators could play a role in his vote on a Supreme Court nominee.

Specter said Monday he is considering whether to condition his support for a nominee on whether they agree to consider such cases.

Specter said he believes warrantless wiretaps are unconstitutional and the Supreme Court is ducking the issue.

Former President George W. Bush authorized a program after the Sept. 11, 2001, terrorist attacks that allows the National Security Agency to bypass a judge's approval and intercept domestic electronic communications believed to be connected to al-Qaida.

Two federal judges have ruled it illegal.

President Barack Obama must nominate a successor to Justice John Paul Stevens.