Chicago Tribune - President Bush's Aides Ready to Act on Supreme Court Vacancy

June 29, 2005
By Jan Crawford Greenburg Washington Bureau

Following a strategy session with outside advisers last Friday on how to rally support for a potential Supreme Court nominee, a small group of President Bush's closest aides is poised to take a short list of names into the Oval Office should Chief Justice William Rehnquist step down.

Bush then would be expected to move quickly to nominate a successor, perhaps within days, despite speculation on Capitol Hill that the president could delay an announcement, a senior administration official has told the Tribune.

Top officials--including Atty. Gen. Alberto Gonzales, who also is under consideration to fill any Supreme Court vacancy--have met with possible nominees and researched their backgrounds. White House aides met Friday with four leading conservative advisers, including former Atty. Gen. Edwin Meese III and former White House Counsel C. Boyden Gray, to discuss the confirmation process.

After months of preparation, the White House now is stepping back and awaiting word from Rehnquist. Eighty years old and gravely ill with thyroid cancer, Rehnquist is widely expected to step down in the near future, giving Bush his first nomination to the high court.

"We won't take the next step until there's a vacancy. Then everything will be compressed," the official said. "It will be on a very tight time frame."

But when Rehnquist declined to make an announcement from the bench Monday, even some of the president's advisers were left wondering when word might come. If Rehnquist has told Bush, the official said, it had not trickled down, even to some of his top aides.

'On pins and needles'

"We're on pins and needles," the administration official said, speaking on condition of anonymity.

Speculation over Rehnquist's future has become more intense since he rose from his center seat and left the courtroom Monday morning.

The White House long has cautioned there is no vacancy on the court yet. The administration official emphasized that the White House would not dramatically narrow the list of possible nominees until a retirement occurs.

The official also said the White House hopes to wait a couple of days after the retirement before announcing a nominee, so as not to detract from the coverage of Rehnquist and his legacy.

The official said Bush's most trusted advisers will discuss the choice with him, including Vice President Dick Cheney, Gonzales, chief of staff Andrew Card, White House Counsel Harriet Miers and senior presidential adviser Karl Rove.

Gonzales, Card, Miers and Rove already have held lengthy discussions over the prospective nominees, the official said. They are focusing most closely on a handful of federal judges, with Gonzales held in a separate category for the president to consider, the official has said.

Hearings on the nominee before the Senate Judiciary Committee could take place within four to six weeks of an announcement, immediately after a background investigation is complete, a GOP congressional aide said Tuesday.

Committee Chairman Sen. Arlen Specter (R-Pa.) would consider holding hearings in August, when the Senate is in recess, or immediately upon conclusion of the background checks, the congressional staffer said.

Last week, Miers visited Capitol Hill to meet with Senate leaders, including Majority Leader Bill Frist (R-Tenn.) and Specter, as well as Minority Leader Harry Reid (D-Nev.) and Sen. Patrick Leahy (news, bio, voting record) (D-Vt.), the ranking Democrat on the Judiciary Committee.

A Democrat congressional aide said that although the court was discussed in those meetings, they were seen as courtesy visits by Miers, who had not previously met with Senate Democratic leaders. The meetings did not constitute the type of consultation on specific nominees that Senate Democrats have urged Bush to do, the Democratic staffer said.

The White House also has had discussions with four leading conservatives about how best to support the nominee and marshal him through the confirmation process, sources said. That group comprises Meese, Gray, Jay Sekulow, who frequently argues before the Supreme Court and is chief counsel for the legal group American Center for Law & Justice, and Leonard Leo, who leads the Federalist Society, an organization of conservative lawyers.

On Friday, Card, Rove and Miers met with the four at the White House. The conversation focused exclusively on the process, sources said, and not on any specific nominee. The outside advisers support all of the federal judges on the short list, sources said, although there is less enthusiasm for tapping the more moderate Gonzales to take Rehnquist's place.

Conservatives dislike Gonzales

Bush often has said he would like to name a Hispanic to the Supreme Court, and Gonzales would be an historic choice as chief justice. But conservatives chafe at the thought of Gonzales replacing Rehnquist, who is viewed as a conservative icon, sources said.

They point to Gonzales' decisions as a Texas Supreme Court justice striking down some state abortion regulations, as well his insistence as White House counsel against taking a hard line opposing affirmative action.

"Does he care enough that that would stop him?" the official asked of whether Bush would nominate Gonzales over conservative opposition. "It would be a benefit to the party over a long period of time, and it would be historic."

Of Bush's decision, he said: "It will be a very personal choice."

The official said the White House has seriously considered a handful of federal judges, including J. Michael Luttig and J. Harvie Wilkinson, of the U.S. Court of Appeals for the 4th Circuit based in Richmond, Va.; John Roberts, of the Court of Appeals for the D.C. Circuit; Samuel Alito, of the Philadelphia-based Court of Appeals for the 3rd Circuit; and Michael McConnell, of the Denver-based Court of Appeals for the 10th Circuit.

Sources close to the White House said Luttig, Roberts and Alito have emerged as the leading contenders.

But the official cautioned that all are highly regarded and remain in contention, and that Bush's choice at this point could be like "lightning striking." June 29, 2005
By Jan Crawford Greenburg Washington Bureau

Following a strategy session with outside advisers last Friday on how to rally support for a potential Supreme Court nominee, a small group of President Bush's closest aides is poised to take a short list of names into the Oval Office should Chief Justice William Rehnquist step down.

Bush then would be expected to move quickly to nominate a successor, perhaps within days, despite speculation on Capitol Hill that the president could delay an announcement, a senior administration official has told the Tribune.

Top officials--including Atty. Gen. Alberto Gonzales, who also is under consideration to fill any Supreme Court vacancy--have met with possible nominees and researched their backgrounds. White House aides met Friday with four leading conservative advisers, including former Atty. Gen. Edwin Meese III and former White House Counsel C. Boyden Gray, to discuss the confirmation process.

After months of preparation, the White House now is stepping back and awaiting word from Rehnquist. Eighty years old and gravely ill with thyroid cancer, Rehnquist is widely expected to step down in the near future, giving Bush his first nomination to the high court.

"We won't take the next step until there's a vacancy. Then everything will be compressed," the official said. "It will be on a very tight time frame."

But when Rehnquist declined to make an announcement from the bench Monday, even some of the president's advisers were left wondering when word might come. If Rehnquist has told Bush, the official said, it had not trickled down, even to some of his top aides.

'On pins and needles'

"We're on pins and needles," the administration official said, speaking on condition of anonymity.

Speculation over Rehnquist's future has become more intense since he rose from his center seat and left the courtroom Monday morning.

The White House long has cautioned there is no vacancy on the court yet. The administration official emphasized that the White House would not dramatically narrow the list of possible nominees until a retirement occurs.

The official also said the White House hopes to wait a couple of days after the retirement before announcing a nominee, so as not to detract from the coverage of Rehnquist and his legacy.

The official said Bush's most trusted advisers will discuss the choice with him, including Vice President Dick Cheney, Gonzales, chief of staff Andrew Card, White House Counsel Harriet Miers and senior presidential adviser Karl Rove.

Gonzales, Card, Miers and Rove already have held lengthy discussions over the prospective nominees, the official said. They are focusing most closely on a handful of federal judges, with Gonzales held in a separate category for the president to consider, the official has said.

Hearings on the nominee before the Senate Judiciary Committee could take place within four to six weeks of an announcement, immediately after a background investigation is complete, a GOP congressional aide said Tuesday.

Committee Chairman Sen. Arlen Specter (R-Pa.) would consider holding hearings in August, when the Senate is in recess, or immediately upon conclusion of the background checks, the congressional staffer said.

Last week, Miers visited Capitol Hill to meet with Senate leaders, including Majority Leader Bill Frist (R-Tenn.) and Specter, as well as Minority Leader Harry Reid (D-Nev.) and Sen. Patrick Leahy (news, bio, voting record) (D-Vt.), the ranking Democrat on the Judiciary Committee.

A Democrat congressional aide said that although the court was discussed in those meetings, they were seen as courtesy visits by Miers, who had not previously met with Senate Democratic leaders. The meetings did not constitute the type of consultation on specific nominees that Senate Democrats have urged Bush to do, the Democratic staffer said.

The White House also has had discussions with four leading conservatives about how best to support the nominee and marshal him through the confirmation process, sources said. That group comprises Meese, Gray, Jay Sekulow, who frequently argues before the Supreme Court and is chief counsel for the legal group American Center for Law & Justice, and Leonard Leo, who leads the Federalist Society, an organization of conservative lawyers.

On Friday, Card, Rove and Miers met with the four at the White House. The conversation focused exclusively on the process, sources said, and not on any specific nominee. The outside advisers support all of the federal judges on the short list, sources said, although there is less enthusiasm for tapping the more moderate Gonzales to take Rehnquist's place.

Conservatives dislike Gonzales

Bush often has said he would like to name a Hispanic to the Supreme Court, and Gonzales would be an historic choice as chief justice. But conservatives chafe at the thought of Gonzales replacing Rehnquist, who is viewed as a conservative icon, sources said.

They point to Gonzales' decisions as a Texas Supreme Court justice striking down some state abortion regulations, as well his insistence as White House counsel against taking a hard line opposing affirmative action.

"Does he care enough that that would stop him?" the official asked of whether Bush would nominate Gonzales over conservative opposition. "It would be a benefit to the party over a long period of time, and it would be historic."

Of Bush's decision, he said: "It will be a very personal choice."

The official said the White House has seriously considered a handful of federal judges, including J. Michael Luttig and J. Harvie Wilkinson, of the U.S. Court of Appeals for the 4th Circuit based in Richmond, Va.; John Roberts, of the Court of Appeals for the D.C. Circuit; Samuel Alito, of the Philadelphia-based Court of Appeals for the 3rd Circuit; and Michael McConnell, of the Denver-based Court of Appeals for the 10th Circuit.

Sources close to the White House said Luttig, Roberts and Alito have emerged as the leading contenders.

But the official cautioned that all are highly regarded and remain in contention, and that Bush's choice at this point could be like "lightning striking." June 29, 2005
By Jan Crawford Greenburg Washington Bureau

Following a strategy session with outside advisers last Friday on how to rally support for a potential Supreme Court nominee, a small group of President Bush's closest aides is poised to take a short list of names into the Oval Office should Chief Justice William Rehnquist step down.

Bush then would be expected to move quickly to nominate a successor, perhaps within days, despite speculation on Capitol Hill that the president could delay an announcement, a senior administration official has told the Tribune.

Top officials--including Atty. Gen. Alberto Gonzales, who also is under consideration to fill any Supreme Court vacancy--have met with possible nominees and researched their backgrounds. White House aides met Friday with four leading conservative advisers, including former Atty. Gen. Edwin Meese III and former White House Counsel C. Boyden Gray, to discuss the confirmation process.

After months of preparation, the White House now is stepping back and awaiting word from Rehnquist. Eighty years old and gravely ill with thyroid cancer, Rehnquist is widely expected to step down in the near future, giving Bush his first nomination to the high court.

"We won't take the next step until there's a vacancy. Then everything will be compressed," the official said. "It will be on a very tight time frame."

But when Rehnquist declined to make an announcement from the bench Monday, even some of the president's advisers were left wondering when word might come. If Rehnquist has told Bush, the official said, it had not trickled down, even to some of his top aides.

'On pins and needles'

"We're on pins and needles," the administration official said, speaking on condition of anonymity.

Speculation over Rehnquist's future has become more intense since he rose from his center seat and left the courtroom Monday morning.

The White House long has cautioned there is no vacancy on the court yet. The administration official emphasized that the White House would not dramatically narrow the list of possible nominees until a retirement occurs.

The official also said the White House hopes to wait a couple of days after the retirement before announcing a nominee, so as not to detract from the coverage of Rehnquist and his legacy.

The official said Bush's most trusted advisers will discuss the choice with him, including Vice President Dick Cheney, Gonzales, chief of staff Andrew Card, White House Counsel Harriet Miers and senior presidential adviser Karl Rove.

Gonzales, Card, Miers and Rove already have held lengthy discussions over the prospective nominees, the official said. They are focusing most closely on a handful of federal judges, with Gonzales held in a separate category for the president to consider, the official has said.

Hearings on the nominee before the Senate Judiciary Committee could take place within four to six weeks of an announcement, immediately after a background investigation is complete, a GOP congressional aide said Tuesday.

Committee Chairman Sen. Arlen Specter (R-Pa.) would consider holding hearings in August, when the Senate is in recess, or immediately upon conclusion of the background checks, the congressional staffer said.

Last week, Miers visited Capitol Hill to meet with Senate leaders, including Majority Leader Bill Frist (R-Tenn.) and Specter, as well as Minority Leader Harry Reid (D-Nev.) and Sen. Patrick Leahy (news, bio, voting record) (D-Vt.), the ranking Democrat on the Judiciary Committee.

A Democrat congressional aide said that although the court was discussed in those meetings, they were seen as courtesy visits by Miers, who had not previously met with Senate Democratic leaders. The meetings did not constitute the type of consultation on specific nominees that Senate Democrats have urged Bush to do, the Democratic staffer said.

The White House also has had discussions with four leading conservatives about how best to support the nominee and marshal him through the confirmation process, sources said. That group comprises Meese, Gray, Jay Sekulow, who frequently argues before the Supreme Court and is chief counsel for the legal group American Center for Law & Justice, and Leonard Leo, who leads the Federalist Society, an organization of conservative lawyers.

On Friday, Card, Rove and Miers met with the four at the White House. The conversation focused exclusively on the process, sources said, and not on any specific nominee. The outside advisers support all of the federal judges on the short list, sources said, although there is less enthusiasm for tapping the more moderate Gonzales to take Rehnquist's place.

Conservatives dislike Gonzales

Bush often has said he would like to name a Hispanic to the Supreme Court, and Gonzales would be an historic choice as chief justice. But conservatives chafe at the thought of Gonzales replacing Rehnquist, who is viewed as a conservative icon, sources said.

They point to Gonzales' decisions as a Texas Supreme Court justice striking down some state abortion regulations, as well his insistence as White House counsel against taking a hard line opposing affirmative action.

"Does he care enough that that would stop him?" the official asked of whether Bush would nominate Gonzales over conservative opposition. "It would be a benefit to the party over a long period of time, and it would be historic."

Of Bush's decision, he said: "It will be a very personal choice."

The official said the White House has seriously considered a handful of federal judges, including J. Michael Luttig and J. Harvie Wilkinson, of the U.S. Court of Appeals for the 4th Circuit based in Richmond, Va.; John Roberts, of the Court of Appeals for the D.C. Circuit; Samuel Alito, of the Philadelphia-based Court of Appeals for the 3rd Circuit; and Michael McConnell, of the Denver-based Court of Appeals for the 10th Circuit.

Sources close to the White House said Luttig, Roberts and Alito have emerged as the leading contenders.

But the official cautioned that all are highly regarded and remain in contention, and that Bush's choice at this point could be like "lightning striking." June 29, 2005
By Jan Crawford Greenburg Washington Bureau

Following a strategy session with outside advisers last Friday on how to rally support for a potential Supreme Court nominee, a small group of President Bush's closest aides is poised to take a short list of names into the Oval Office should Chief Justice William Rehnquist step down.

Bush then would be expected to move quickly to nominate a successor, perhaps within days, despite speculation on Capitol Hill that the president could delay an announcement, a senior administration official has told the Tribune.

Top officials--including Atty. Gen. Alberto Gonzales, who also is under consideration to fill any Supreme Court vacancy--have met with possible nominees and researched their backgrounds. White House aides met Friday with four leading conservative advisers, including former Atty. Gen. Edwin Meese III and former White House Counsel C. Boyden Gray, to discuss the confirmation process.

After months of preparation, the White House now is stepping back and awaiting word from Rehnquist. Eighty years old and gravely ill with thyroid cancer, Rehnquist is widely expected to step down in the near future, giving Bush his first nomination to the high court.

"We won't take the next step until there's a vacancy. Then everything will be compressed," the official said. "It will be on a very tight time frame."

But when Rehnquist declined to make an announcement from the bench Monday, even some of the president's advisers were left wondering when word might come. If Rehnquist has told Bush, the official said, it had not trickled down, even to some of his top aides.

'On pins and needles'

"We're on pins and needles," the administration official said, speaking on condition of anonymity.

Speculation over Rehnquist's future has become more intense since he rose from his center seat and left the courtroom Monday morning.

The White House long has cautioned there is no vacancy on the court yet. The administration official emphasized that the White House would not dramatically narrow the list of possible nominees until a retirement occurs.

The official also said the White House hopes to wait a couple of days after the retirement before announcing a nominee, so as not to detract from the coverage of Rehnquist and his legacy.

The official said Bush's most trusted advisers will discuss the choice with him, including Vice President Dick Cheney, Gonzales, chief of staff Andrew Card, White House Counsel Harriet Miers and senior presidential adviser Karl Rove.

Gonzales, Card, Miers and Rove already have held lengthy discussions over the prospective nominees, the official said. They are focusing most closely on a handful of federal judges, with Gonzales held in a separate category for the president to consider, the official has said.

Hearings on the nominee before the Senate Judiciary Committee could take place within four to six weeks of an announcement, immediately after a background investigation is complete, a GOP congressional aide said Tuesday.

Committee Chairman Sen. Arlen Specter (R-Pa.) would consider holding hearings in August, when the Senate is in recess, or immediately upon conclusion of the background checks, the congressional staffer said.

Last week, Miers visited Capitol Hill to meet with Senate leaders, including Majority Leader Bill Frist (R-Tenn.) and Specter, as well as Minority Leader Harry Reid (D-Nev.) and Sen. Patrick Leahy (news, bio, voting record) (D-Vt.), the ranking Democrat on the Judiciary Committee.

A Democrat congressional aide said that although the court was discussed in those meetings, they were seen as courtesy visits by Miers, who had not previously met with Senate Democratic leaders. The meetings did not constitute the type of consultation on specific nominees that Senate Democrats have urged Bush to do, the Democratic staffer said.

The White House also has had discussions with four leading conservatives about how best to support the nominee and marshal him through the confirmation process, sources said. That group comprises Meese, Gray, Jay Sekulow, who frequently argues before the Supreme Court and is chief counsel for the legal group American Center for Law & Justice, and Leonard Leo, who leads the Federalist Society, an organization of conservative lawyers.

On Friday, Card, Rove and Miers met with the four at the White House. The conversation focused exclusively on the process, sources said, and not on any specific nominee. The outside advisers support all of the federal judges on the short list, sources said, although there is less enthusiasm for tapping the more moderate Gonzales to take Rehnquist's place.

Conservatives dislike Gonzales

Bush often has said he would like to name a Hispanic to the Supreme Court, and Gonzales would be an historic choice as chief justice. But conservatives chafe at the thought of Gonzales replacing Rehnquist, who is viewed as a conservative icon, sources said.

They point to Gonzales' decisions as a Texas Supreme Court justice striking down some state abortion regulations, as well his insistence as White House counsel against taking a hard line opposing affirmative action.

"Does he care enough that that would stop him?" the official asked of whether Bush would nominate Gonzales over conservative opposition. "It would be a benefit to the party over a long period of time, and it would be historic."

Of Bush's decision, he said: "It will be a very personal choice."

The official said the White House has seriously considered a handful of federal judges, including J. Michael Luttig and J. Harvie Wilkinson, of the U.S. Court of Appeals for the 4th Circuit based in Richmond, Va.; John Roberts, of the Court of Appeals for the D.C. Circuit; Samuel Alito, of the Philadelphia-based Court of Appeals for the 3rd Circuit; and Michael McConnell, of the Denver-based Court of Appeals for the 10th Circuit.

Sources close to the White House said Luttig, Roberts and Alito have emerged as the leading contenders.

But the official cautioned that all are highly regarded and remain in contention, and that Bush's choice at this point could be like "lightning striking."