So now the hoodlums or 14 think they are running DC?
'Gang of 14' Expects No Filibuster
Thursday, July 21, 2005
WASHINGTON — The so-called Gang of 14 centrist senators said Thursday that President Bush's Supreme Court nominee likely will not face a Democratic filibuster.
While the group of seven Democratic and seven Republican senators said they were reserving official judgment until after John G. Roberts Jr.'s (search) confirmation hearings, Sen. Mike DeWine said there was agreement that Roberts' resume doesn't show the "extraordinary circumstances" that would meet the group's threshold for a Democratic filibuster.
"There's no indication so far that there will be a filibuster, and I think that was the consensus in the meeting," said DeWine, R-Ohio. "But I think people are reserving the right to see what comes out of the hearings."
"I only speak for myself, but having been in on those negotiations about extraordinary circumstances for hundreds of hours, I think that Judge Roberts deserves an up-or-down vote, and I hope that the other members of that group agree with me," said Sen. John McCain, R-Ariz.
Sen. John Warner, R-Va., added: "This is a confirmation process, not a coronation."
Some Democrats indicated that they don't see Roberts, a 50-year-old Republican lawyer-turned-judge, as the kind of right-wing candidate they feared Bush would select.
"This is a credible nominee, and not one that — as far as we know now — has a record that in any sense could be described as extremist," said Sen. Joseph Lieberman, D-Conn. Sen. Ben Nelson, D-Neb., said Bush had "made a wise choice."
Asked whether a filibuster was likely, Nelson said: "I think it's fair to say I don't see anything coming out right now."
"My sense is so far, so good," summed up Sen. Mark Pryor, D-Ark.
But other Democrats said that doesn't mean Roberts will necessarily have a smooth ride to the bench.
"No one is entitled to a free pass to a lifetime appointment to the Supreme Court," Vermont Sen. Patrick Leahy, ranking Democrat on the Senate Judiciary Committee, said Wednesday. It's that committee which will decide whether to send Roberts' nomination to the full Senate for approval.
Meanwhile, Roberts continued to turn on the charm Thursday as the Supreme Court nominee works to convince even reluctant Senate Democrats that he is the right person to fill the shoes of Sandra Day O'Connor (search). Roberts, who was unanimously approved by the Senate for an appeals court position in 2003, had scheduled conversations with Senate Judiciary Committee members.
The Senate could feasibly schedule a confirmation vote before the court reconvenes on Oct. 3. Senate Majority Leader Bill Frist, R-Tenn., pledged to meet that goal. Abortion and access to internal government memos loomed as likely flash points of the nationally televised hearings.
Roberts, a former clerk to Justice William H. Rehnquist (search), met with Senate leaders Wednesday and made courtesy calls on Capitol Hill, visiting with all members of the Senate Judiciary Committee. His hearings could be in late August or early September.
"He has the qualities our country expects in a judge ... he has a profound respect for the rule of law ... I urge the Senate to rise to the occasion, provide a fair and civil process and have Judge Roberts in place before the next court session on October 3," Bush said from the Port of Baltimore, Md.
Roberts, who didn't say much publicly during his five-hour visit to the Capitol Wednesday, made sure to praise the politicians who will decide the first Supreme Court nomination in 11 years.
"I appreciate and respect the constitutional role of the Senate in the confirmation process," Roberts said after meeting with Senate Majority Leader Bill Frist, McConnell and Judiciary Committee Chairman Arlen Specter, R-Pa.
Senate Majority Whip Mitch McConnell of Kentucky on Wednesday predicted a "respectful process."
Roberts also met with Senate Democratic Leader Harry Reid.
"Senators must be convinced that the nominee will respect constitutional principles and protect the constitutional rights of all Americans ... Justice O'Connor should only be replaced by someone who, like her, is firmly in the constitutional mainstream," the Nevada senator said on the Senate floor. "I have called on the president to choose a nominee who can unite the country, not divide it. It remains to be seen whether John Roberts fits that description."
Specter promised full and fair confirmation hearings.
"The emphasis is on detailed inquiry into Judge Roberts' ... ideas on jurisprudence and we'll be dealing with that," he said, adding that his panel will go into Roberts' legal positions "in detail" but will not ask the judge how he would rule as a Supreme Court justice.
Several Democratic senators said they intended to question Roberts closely about whether he would separate his personal views from his judicial rulings.
Reid hinted at another potential area of conflict when he publicly prodded Roberts to provide written materials requested by senators.
When asked how he would respond if Democrats request memos Roberts worked on while serving in the solicitor general's office, Specter said he will wait and see how things play out.
"There's long been a concern with disclosing lawyers' work products because it has a chilling effect on other lawyers in the same process ... if they're reviewed one day in the political context, it inhibits the freedom," Specter said.
Democrats have blocked confirmation votes on two of Bush's high-profile nominees in recent years in disputes over access to documents. In one case, federal appeals court nominee Miguel Estrada (search) withdrew his nomination in 2003. The other nomination, involving John Bolton (search), nominated to be U.S. ambassador to the United Nations, is unresolved.
Attorney General Alberto Gonzales (search), who was one of the potential nominees, said Thursday he understands Democrats will interrogate Roberts closely on his legal views, but said they shouldn't go too far.
Gonzales, appearing on CBS' "The Early Show," said questions about how someone will approach a case are appropriate. "But to inquire as to how someone is actually going to decide a case, I think, is inappropriate for a nominee to answer," he added.
Close associates and friends of Roberts had no doubt that the nominee is ready for anything.
"I don't know anybody more qualified to respond to questions from the senators than John is … they're not going to ask him questions he has not anticipated," Roberts' friend and Florida attorney Dean Colson told FOX News. "I think Roberts is where most of America is."
What About The 'F' Word?
So far, little mention has been made of the dreaded "F" word: filibuster.
"We will work toward making this smooth ... but we also both realize we have a duty to all Americans ... to make sure if they're going to have a new member of the Supreme Court ... [he] will be someone who will represent all Americans and respect the rights of all Americans," Leahy told FOX News.
Added Sen. Jon Kyl, R-Ariz.: "I don't think [there will be a filibuster] with John Roberts. … While the Supreme Court is a little bit different than the court of appeals, certainly not enough to bring a filibuster. ... I cannot imagine that John Roberts will be filibustered."
While Republicans are praising Roberts, many Democrats say they are "keeping their powder dry" until Roberts' background is thoroughly investigated and senators have a chance to question the nominee.
"Do I believe this is a filibuster-able nominee? The answer would be no, not at this time," said Sen. Dianne Feinstein, D-Calif., an abortion-rights supporter and the only woman on the Judiciary Committee who is not part of the 14.
Sen. Edward Kennedy said several times Wednesday that he would not prejudge the nominee nor would he decide whether to support or oppose Roberts based on any single issue.
But people need to know "whether Judge Roberts respects the core value of the Constitution" and falls within the mainstream, as O'Connor did, said the senior senator from Massachusetts. "That is the important issue."
Former Sen. Fred Thompson, who was serving as a shepherd for Roberts through the Senate nomination process, told FOX News on Wednesday that he doesn't see any specific area where Roberts would be vulnerable.
"Clearly, there are going to be issues that are raised. He's written a lot of opinions. He's written a lot of briefs, and the cases that he's argued, and [Democrats] will try to tie him to some unpopular cases … all we would ask is that senators apply the same standards to Judge Roberts as they've applied to others," Thompson said.
Thompson, a Republican, a former assistant U.S. attorney and currently an actor, said senators should not expect the nominee to answer each and every question; some justices before him also refused to answer some questions.
"They know they're going to run into a situation where a judge cannot ethically talk about cases that might come before him again, but there's an awful lot they can talk about. That should not be a reason for any problem," Thompson added.
Lawmakers from both sides of the aisle agreed that Roberts won't have that bloody a battle ahead of him in the confirmation process.
"I don't think it's going to be an absolute cakewalk — the Democrats are going to have to listen a little bit to their interest groups," said C. Boyden Gray, a FOX News Supreme Court analyst and former White House counsel for President George H.W. Bush. "But I think he's going to be confirmed by a comfortable majority … I can't imagine having that much difficulty."
David Boies, former legal counsel for Al Gore, said based on Roberts' prior conduct and writing, it should be near smooth sailing, but senators will want to know: "Is he somebody who is a judicial activist or not? I think the answer to that is probably going to be 'no.'"
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