"The art of the possible" is being ignored by a media that can't seem to remember beyond last week:
<<W.?s Court Picks
Thanks to the Florida supreme court, there may be a litmus test after all.
By Mark Joseph, a writer living in Los Angeles
For many conservatives, George W. Bush's unwillingness during the presidential campaign to commit to appointing Supreme Court justices who would overturn Roe v. Wade was a source of consternation. Despite goading from the likes of fellow candidates Gary Bauer and Alan Keyes, Bush borrowed from Ronald Reagan's playbook by publicly stating that he was committed to elevating justices who would interpret laws instead of writing them, but would not proscribe a particular litmus test.
If conservatives were wary of Bush picks for the court, recent events may mean they have nothing to fear when it comes time for him to appoint justices. If he was wary of justices like David Souter before the Florida mess, it's a safe bet that he will be even more careful to avoid naming the type of justices who would have sided with the Florida supreme court.
In short, Florida may have driven Bush into the arms of conservatives who have long warned that a sloppy selection process that didn't pay attention to judicial philosophy has caused Republican presidents to nominate justices who don't agree with them on important issues.
But how can Bush get jurists who agree with him past a deeply divided Senate? One thing is clear: There will be no Robert Borks in any future Bush administration appointment. Any appointee's Bush might seek to make will have to either be minorities or be senator's themselves.
Texas jurist Edith Jones is a likely candidate who should be able to win the support of conservatives while also garnering the support of important swing senators. Voted Texas jurist of the year in 1998 by the Texas Review of Law and Politics, Jones comes with credentials that are difficult to impeach. She has also been careful to avoid public pronouncements on important issues like abortion. Based on her pedigree, gender, and capabilities, Jones is likely to be able to garner a large majority to confirm.
Her nomination would especially be an important test of whether senators, especially the newly minted crop of female senators, are interested in advancing women into positions of importance and influence or simply advancing those who agree with their own narrow political agenda. It will especially be a test for freshman Sen. Hillary Clinton who will not want to be in the position of opposing a candidate that brings the Supreme Court into a 6-3 male/female split and one vote closer to gender parity.
But even if Clinton should allow narrow, partisan, ideology-driven politics to triumph over advancing women's rights, it's likely that other female senators like Dianne Feinstein and Blanche Lincoln, and especially politically vulnerable senators like Mary Landrieu and Patty Murray will be hard-pressed to oppose the likes of Jones.
Assuming Jones makes it to the bench and Bush receives a second or third opportunity, he will likely go the U.S. Senate itself to find a justice who will reflect his views but also be easily confirmed by the Senate.
In that case, Bush may want to turn to two genial senators. The Senate would likely not oppose the nominations of Utah Sen. Orrin Hatch, who has overseen the Senate Judiciary Committee, or Sen. Fred Thompson who distinguished himself during Watergate.
The senators who both hail from states with Republican governors would quickly be replaced by Republicans in the Senate and would be certain to earn the support of moderate Democrats and liberal Republicans alike. In the case of Hatch, it's even possible that he might win the votes of a few liberal lions, like his good friend and colleague Sen. Kennedy.
It's been decades since prominent politicians have been appointed to the high court, (though its been rumored that New York Gov. Mario Cuomo was offered the job by President Clinton) but it may be one of the few cards that President George W. Bush may have left, if he intends to appoint the kind of men and women to the Supreme Court who both reflect his views and can be confirmed by the Senate.>> |
