Daschle Urges Bush to Consult on High Court Picks
By Helen Dewar
Washington Post Staff Writer
Wednesday, June 18, 2003; Page A02
Senate Minority Leader Thomas A. Daschle (D-S.D.), whose fellow Democrats have been embroiled in a bitter fight with President Bush over federal appeals court nominees, urged Bush yesterday to consult with Democratic senators before making any nominations to the Supreme Court.
"We believe that it is not necessary to have a divisive confirmation fight over a Supreme Court appointment," Daschle wrote Bush in reference to speculation that one or more justices may retire this summer. "If there are vacancies, we should like to see them filled by nominees who unite all Americans."
Daschle also suggested Bush might consider a bipartisan meeting of Senate leaders to kick off the consultations. "Should you be willing to convene a meeting of Senate leaders from both parties to begin a bipartisan process of consultation," he wrote, "I stand ready to participate in good faith in such a process."
While Democrats have voted to confirm most of Bush's judicial nominations, they have blocked two appellate nominees with filibusters and are mulling such actions against at least two others. It takes 60 votes to break a filibuster, and the 51-member GOP majority has been unable to win over enough Democrats to force final votes on the two contested nominations.
Many senators and legal scholars have described these fights as a warm-up for a struggle over filling a Supreme Court vacancy, especially if Bush were to choose an especially conservative nominee.
Daschle's request for consultations follows a similar appeal last weekend from Sen. Patrick J. Leahy (Vt.), ranking Democrat on the Senate Judiciary Committee, which screens all judicial nominations. Sen. Charles E. Schumer (D-N.Y.), also a member of the panel, earlier suggested five possible Supreme Court nominees, including fellow committee member Arlen Specter (R-Pa.).
Some Republicans appeared cool to Daschle's proposal. "There's no reason for him [Bush] to consult with Democrats, as I see it," said Senate GOP Conference Chairman Rick Santorum (Pa.).
White House counsel Alberto R. Gonzales said in a letter yesterday to Senate leaders: "The Senate will have an opportunity to access the president's nominee and exercise its constitutional responsibility to vote up or down on the nominee."
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