Thursday, July 07, 2005

Conservative court

Robert Novak editorialized in Chicago Sun Times Conservatives who have spent more than a decade planning for this moment to change the balance of power on the Supreme Court are reeling from blows delivered by two dissimilar political leaders: Edward M. Kennedy and George W. Bush. Sen. Kennedy has succeeded with the news media in establishing a new standard of ''mainstream conservatism'' for a justice. President Bush has put forth ''friendship'' as a qualification for being named to the high court. Bush is by far the bigger obstacle in the way of a conservative court. While Kennedy's ploy presents a temporary problem, Bush's stance could be fatal. The right's morale was devastated by the president's comments in a USA Today telephone interview published on the newspaper's front page Tuesday: ''Al Gonzales is a great friend of mine. When a friend gets attacked, I don't like it.''

If they are such good friends, perhaps Bush knows Gonzales better than others might think they know him.
Bush is a stubborn man, who sounded like he might really nominate Attorney General Alberto Gonzales in the face of deep and broad opposition from the president's own political base.
Or maybe he just does not like some friends talking bad about another friend.
Adding to the tension is word from court sources that ailing Chief Justice William Rehnquist also will announce his retirement before the week is over. That would enable Bush to play this game: Name one justice no less conservative than Rehnquist, and name Gonzales, whose past record suggests he would replicate retiring Justice Sandra Day O'Connor on abortion and possibly other social issues. Thus, the present ideological orientation of the court would be unchanged, which would suit the left just fine.... Gonzales trial balloons were shot down on the right, but that has not stopped leaks from the White House. If a Rehnquist vacancy now is thrown into the mix, will Bush be tempted to temporize by naming one conservative and one non-conservative? If he nominates conservative Justice Antonin Scalia as chief justice and thus creates a third confirmation, will he think he has escaped by saying he has named two conservatives? No such maneuvers will make Gonzales acceptable to the Bush base.

What I would like to see him do is nominate two conservatives, and bump Thomas up to CJ (Thomas is younger than Scalia), and say that if they all get in with out a lot of fuss, Gonzales will be his pick when the next opening comes up, but if the first two conservatives receive too much trouble, he has plenty of others, more conservative to pick from.

Orrin Judd blogged Funny how the Right doesn't think W owes Blair the Kyoto treaty but he does owe them their choice of nominees.

PoliPundit blogged This is depressing:
The national survey of 1,000 adults found that nearly two-thirds of Americans couldn’t name a single current U.S. Supreme Court justice. Departing O’Connor was the best-known justice, named by 25 percent of Americans. Close behind her was Clarence Thomas, mentioned by 21 percent. No other justice was mentioned by more than 10 percent of the public.

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