Wednesday
June 29, 2005
BUSH'S PICK COULD BE LIKE "LIGHTNING STRIKING:"
Jan Crawford Greenburg continues to shine with another
must read article about the White House's preparation for
an impending vacancy on the Supreme Court. Greenburg reports:
The
White House also has had discussions with four leading conservatives
about how best to support the nominee and marshal him through
the confirmation process, sources said. That group comprises
[Edwin] Meese, [C. Boyden] Gray, Jay Sekulow, who frequently
argues before the Supreme Court and is chief counsel for the
legal group American Center for Law & Justice, and Leonard
Leo, who leads the Federalist Society, an organization of conservative
lawyers.
On
Friday, Card, Rove and Miers met with the four at the White
House. The conversation focused exclusively on the process,
sources said, and not on any specific nominee. The outside advisers
support all of the federal judges on the short list, sources
said, although there is less enthusiasm for tapping the more
moderate Gonzales to take Rehnquist's place....
"Does
he care enough that that would stop him?" the official
asked of whether Bush would nominate Gonzales over conservative
opposition. "It would be a benefit to the party over a
long period of time, and it would be historic."
Of
Bush's decision, he said: "It will be a very personal choice."
The
official said the White House has seriously considered a handful
of federal judges, including J. Michael Luttig and J. Harvie
Wilkinson, of the U.S. Court of Appeals for the 4th Circuit
based in Richmond, Va.; John Roberts, of the Court of Appeals
for the D.C. Circuit; Samuel Alito, of the Philadelphia-based
Court of Appeals for the 3rd Circuit; and Michael McConnell,
of the Denver-based Court of Appeals for the 10th Circuit.
Sources
close to the White House said Luttig, Roberts and Alito have
emerged as the leading contenders.
But
the official cautioned that all are highly regarded and remain
in contention, and that Bush's choice at this point could be
like "lightning striking."
Let's put
this information into the context of what we know about this president.
We know he wants to appoint a true conservative justice, and the
final set of mystifying Supreme Court decisions only increases
the pressure that Bush pick someone with unimpeachable credentials
who is considered "Souter proof." We also know, as evidenced
by Social Security and the dressing down given to Majority Leader
Frist over the Bolton nomination last week to cite just two examples,
this is a president who doesn't shy away from a political fight.
I happen
to believe Bush does harbor a desire to appoint the first Hispanic
to the Court. Furthermore, I think Bush and his fellow Republicans
relish the idea (not to mention the future electoral implications)
of putting Democrats in the position of using the filibuster to
block such an historic appointment under what will be intense
public exposure.
If Bush is
looking for a Hispanic but a Gonzales nomination is untenable,
Emilio Garza is the next most likely choice, especially if Bush
is looking to fill the Chief Justice spot directly. One name that
hasn't been mentioned very frequently, however, is Miguel Estrada.
It's certainly a long shot scenario, but I would be surprised
if there hasn't been some discussion of elevating either Scalia
or Thomas to Chief Justice and nominating Estrada for Associate.
Now that would be some lightning strike. - T. Bevan 9:05
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