Reuters - President Bush Nearing Decision on Next Supreme Court Pick

September 30, 2005
By Steve Holland

With John Roberts installed as U.S. chief justice, President George W. Bush on Thursday appeared to be nearing a decision on who should fill a second Supreme Court vacancy, and an announcement was likely soon.

No announcement of Bush's pick was expected on Friday but it could come early next week.

Women and minorities were believed high on a short list of candidates Bush was weighing to replace Sandra Day O'Connor, a moderate conservative and often pivotal swing vote on the divided nine-member high court.

Two possible picks were among the high-powered crowd at the swearing-in for Roberts in the White House East Room on Thursday: Attorney General Alberto Gonzales and Harriet Miers, the White House counsel who is helping in the search for a nominee and whose name surfaced this week as a possibility.

Bush's decision-making was cloaked in secrecy but he signaled on Monday he was considering women and minorities when he said, "I am mindful that diversity is one of the strengths of the country."

Roberts, a 50-year-old conservative, was confirmed 78-22 by the Senate on Thursday to replace the late chief justice, William Rehnquist. The president's next nomination is expected to face a much tougher Senate confirmation fight since the court's balance of power will be at stake.

Bush and the White House staff have consulted more than 70 senators, said White House spokesman Scott McClellan.

Both Senate Judiciary Committee Chairman Arlen Specter, a Pennsylvania Republican, and Senate Minority Leader Harry Reid, a Nevada Democrat, warned Bush last week he could expect opposition if he nominated any of the 10 federal appeals court candidates blocked by Democrats during Bush's first term.

If Bush heeds that advice, he would not pick two conservative women on that list who were eventually confirmed several months ago, Priscilla Owen and Janice Rodgers Brown.

WANTED: ANOTHER ROBERTS

Specter said on Thursday it was his hope "the president will now send us a nominee for Justice O'Connor's spot in the mold of Judge Roberts."

McClellan said Bush wanted someone "who has the kind of qualities that he found in Judge Roberts -- has the integrity and the modesty and the judicial temperament needed to serve the American people well in the highest court in the land."

Jay Sekulow, chief counsel of the conservative American Center for Law and Justice, predicted Bush would make the announcement next Monday. "I think you're going to see another judge in the cut of John Roberts," he said.

While the name of Miers, 60, was floated in the past week, she is not a judge, and although that is not a requirement for the high court, it could be a contentious point. It remained uncertain if she was a serious candidate.

Others said to be on Bush's list include Gonzales, a longtime associate of Bush many court watchers have presumed he would install when he had the chance; former Deputy Attorney General Larry Thompson, a corporate lawyer, and Michigan Supreme Court Justice Maura Corrigan.

Another possibility was Alice Moore Batchelder, an appeals court judge nominated by the Bush's father, former President George Bush.

Sen. Lindsey Graham (news, bio, voting record), a South Carolina Republican, told the Times and Democrat newspaper of Orangeburg, South Carolina, that an appeals court judge in his state, Karen Williams, was being seriously considered for the high job.

Whoever Bush picks, McClellan said, the president expected the person to be treated in a civil manner in the Senate and that senators should not try to force the nominee to answer questions about cases that may come before the court.

Democrats were angered by Roberts' refusal to answer questions about legal cases during his confirmation hearing and have vowed to give the next choice greater scrutiny.