6A THE UNIVERSITY DAILY KANSAN
NEWS
AT THE TOP OF THE HILL
Bell Love Time
TUESDAY, SEPTEMBER 6, 2005
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Bush mulls justice options
BY TERENCE HUNT
THE ASSOCIATED PRESS
WASHINGTON — Seizing a historic opportunity to reshape the Supreme Court, President Bush swiftly chose conservative John Roberts as chief justice Monday and weighed how to fill another vacancy that could push the nation's highest court to the right on issues from abortion to affirmative action.
Like Rehnquist, Roberts is deeply conservative. He was nominated in July to succeed retiring Justice Sandra Day O'Connor, who angered conservatives with her tiebreaking votes on contentious issues like abortion restrictions, campaign finance limits, discrimination laws, and religion.
Roberts' nomination, just two days after the death of Chief Justice William H. Rehnquist, raised fears among Democrats about a rightward shift as Bush fills two openings on the nine-member court. Democrats have been frustrated by Roberts' popularity and said the Senate must take a closer look at his new nomination.
"Replacing two justices at the same time will have an enormous impact on the court and on the lives and liberties of all Americans for decades," said Ralph Neas, president of the liberal advocacy group People for the American Way, which opposes Roberts' nomination.
"The stakes are higher and the Senate's advice and consent responsibility is even more important," said Senate Minority Leader Harry Reid, D-Nev. Sen. Edward M. Kennedy, D-Mass., expressed concerns about the court's balance.
The Roberts-for-Rehnquist nomination would not affect the balance, but Bush could force an ideological shift by replacing O'Connor with a reliably conservative vote. O'Connor has offered to remain on the bench until her successor is named, and Bush called her Monday to say he would move quickly to find her replacement as well. He is not expected to name a new O'Connor successor this week.
Senate Majority Leader Bill Frist, R-Tenn., said Roberts was "one of the most well qualified candidates to come before the Senate." He said he still expects Roberts to be confirmed before the new court session begins Oct. 3.
After turning twice to Roberts, Bush faces increasing pressure to name a woman or a minority. Some conservatives fretted Bush would pick Attorney General Alberto Gonzales whose views on abortion and other issues have raised their suspicions.
"The president promised in two campaigns to nominate justices who will faithfully uphold the text and principles of the Constitution," said Wendy Long, counsel for the conservative Judicial Confirmation Network. "One would expect the president to nominate more exceptional judicial conservatives like Judge Roberts for as many vacancies as occur."
Polished and plainspoken, Roberts had been on a likely track to be confirmed as an associate justice and it appeared Bush turned to him for the top job to avoid an acrimonious fight at a volatile moment. Bush was on the defensive about the administration's sluggish response to Hurricane Katrina and his poll ratings had fallen to their lowest point of his presidency.
"For the past two months members of the United States Senate and the American people have learned about the career and character of Judge Roberts," Bush said. "They like what they see."
But Brad Berenson, a former Bush White House lawyer, said, "My own view is that Judge Gonzales would be a more conservative justice" than O'Connor.
Other possible replacements include federal courts of appeals judges Edith Clement, Edith Hollan Jones and Emilio Garza. Also mentioned are judges J. Michael Luttig, Samuel A. Alito Jr., James Harvie Wilkinson III and Michael McConnell, and former Solicitor General Theodore Olson, lawyer Miguel Estrada and former deputy attorney general Larry Thompson.
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