CNN: Inside Politics - Jay Sekulow Discusses Supreme Court Vacancy

CNN: INSIDE POLITICS
July 5, 2005

Anchor:  DANA BASH:   And now we're going to hear from a constitutional lawyer urging President Bush to stand firm and put a conservative voice on the high court. Jay Sekulow is chief counsel for the American Center for Law and Justice.

And Jay Sekulow, thank you very much for joining us.

JAY SEKULOW, AMERICAN CTR. FOR LAW & JUSTICE: Thanks for having me.

BASH: My first question is a meeting that you had at the White House I believe a week ago Friday, a week before the retirement of Justice O'Connor, you met with three of your colleagues, and with some top officials at the White House, Harriet Miers, the White House counsel, the chief of staff. And it has been reported that you and your colleagues urged the White House not to appoint Alberto Gonzales because he was unacceptable to conservatives.

SEKULOW: Yes. You know, that wasn't true. I mean, the discussion actually that took place at that meeting was about process, what is going to happen if, in fact, a vacancy were to occur. Everybody's expectation was the vacancy was going to be the chief justice. So there was not a discussion about Judge Gonzales or about anyone else, for that matter, of specific nominees.

The focus of that meeting was process, as you've already seen, and as Bill Schneider correctly reported this, as almost like a presidential campaign. Except what's at stake actually goes beyond the presidency. And that is that, of course, a Supreme Court appointment is for life.

So there's a lot riding on this. And with Justice O'Connor's announcement that she is, in fact, resigning effective upon her replacement being confirmed, you've put in -- the pivotal vote on the Supreme Court is now in play. And that is very, very significant. But that was not the topic though of that meeting.

BASH: OK. Great. Thank you for clearing that up.

SEKULOW: I want to get that clear.

BASH: Absolutely. I want to read you, though, a quote from President Bush in an interview with USA Today published today about Al Gonzales. He said, quote: "Al Gonzales is a great friend of mine. I'm the kind of person, when a friend gates attacked, I don't like it. We're lucky to have him as the attorney general and I'm lucky to have him as a friend."

There you see the president sort getting his back up a little bit about all of this. You are very much in touch with conservatives around the country. You're very well wired. Do you think, though, that it would be unacceptable?

SEKULOW: Well, I think the president was right in being concerned about attacks on any potential nominee, Al Gonzales or anybody else, before that nomination has even been made. And to judge the attorney general based on one case out of Texas is a bit of an overreach. We all agree with that.

Look, you've reported it, everybody has reported it. There is concern on the right, less-than-enthusiastic reception within some circles as to General Gonzales. But, look, the president made it very clear, he's going to appoint someone to the Supreme Court that is conservative in their judicial philosophy, that's not going to legislate from the bench.

He's -- look at the nominees he has put forward on the Court of Appeals. I expect no different in the caliber or kind of judge he's going to nominate for the Supreme Court of the United States. And that's where the test will come in, and that's where you'll see the interest groups right and left really engaging here.

This is -- realize, I mean, we're all talking about this. This is the warm-up. We don't even have the nominee yet.

BASH: So are you saying that you are or are not opposed to Alberto Gonzales? Would you be OK if President Bush picked Alberto Gonzales?

SEKULOW: That's a good way to answer the question -- ask the question. Let me give you my answer. I'm an advocate before the Supreme Court of the United States, so I've got to be very careful about any potential justice that I'm going to appear before.

Look, I think that Alberto Gonzales has been an exceptionally great attorney general. I'm concerned about one thing which not a lot of people are picking up on, and that is he would be possibly recused from a number of cases because he was the White House counsel and the attorney general. But short of that, this is speculation. And to say you're for or against a nominee, we don't know who the nominee and there has not even been a hearing yet, I think is premature. And I'm not going to speculate.

BASH: I want to ask you about sort of the conservative movement in general vis-a-vis this president. It's no secret that conservatives around the country were perhaps a bit skeptical of President Bush's father, whether he was what they would consider a true conservative. And President Bush certainly has campaigned as a conservative in 2000, 2004. But is this really the ultimate test for President Bush, who he picks as to whether or not he is considered a conservative and accepted by social conservatives around the country?

SEKULOW: Well, number one, I think the president has been accepted by social conservatives. And no one could object on our side as to the nominations he's made for the Court of Appeals. And no one really expects anything different at the Supreme Court of the United States.

But look, is this the ultimate test in one sense -- in the sense that this is the lasting legacy of any presidency, the Supreme Court of the United States, as far as domestic politics go, sure, this is huge. And I am completely confident that the president is going to make the right selection. I think he's going to take his time. We may be still talking about who that nominee is next week.

But again, a lot of speculation, ultimately the president's going to make the decision. But I look at those Court of Appeals nominees and I have a lot of comfort.

BASH: OK. Jay Sekulow, we're going to have to leave it there. Thank you very much for joining us.

SEKULOW: Thanks. Thank you, Dana.

BASH: We appreciate it.