FOX News - Who Will President Obama Nominate to the Supreme Court?
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FOX News
Special Report With Bret Baier
You can watch the report here.
BRET BAIER (HOST) - Well, we still don't know who President Obama is going to pick to replace the retiring Justice David Souter on the Supreme Court. We don't know whether it will be a moderate or an activist. But correspondent Molly Henneberg reports what we do know is that Republicans can't do much about it.
(BEGIN VIDEOTAPE)
MOLLY HENNEBERG, FOX NEWS CORRESPONDENT (voice-over): Soon, this Supreme Court's last photo, as it's called, will change. There will be a new face as Justice Souter, who usually votes with the liberal justices, leaves the court. Conservatives concede they won't have much influence in selecting Souter's successor with Democrats controlling the White House and Congress.
CATHY RUSE, FAMILY RESEARCH COUNCIL: The only thing we can do at this point now is look at the records of people that we imagine might be nominees, and with paying particular attention to whether the person has any respect at all for the limited role of a judge on the court.
HENNEBERG: On the other hand, liberal groups who complained unsuccessfully about President Bush's judicial nominees now find themselves with a bully pulpit and they're adapting with a new course of action.
AMANDA FROST, AMERICAN UNIV LAW SCHOOL: The groups that formerly were in opposition and were playing an active role and raising concerns about nominees will now be stepping back and maybe using this more as a teachable moment about what role the Supreme Court plays in society and what qualities we should look for in a nominee.
HENNEBERG: Republicans who raised millions of dollars to champion President Bush's nominees, John Roberts and Samuel Alito, now have fewer allies numerically in Congress, and perhaps disheartened constituents after last year's elections. But the right-leaning legal group, the American Center for Law and Justice, says this can be a unifying event for the GOP.
JAY SEKULOW, AMERICAN CTR FOR LAW & JUSTICE: You can't just roll over. The Senate has a role to play, and it's called advice and consent. And that means that there needs to be not only a full hearing but the nominee needs to be able to express themselves, him or her, as to how they view their role as judge, how they view the law.
HENNEBERG: Because ultimately, the new justice may have an impact for decades to come.
RUSE: It's a defining moment because it could actually move the court farther into the realm of liberal activism.
FROST: The president might want to select somebody who could build consensus and rally other justices to their views through their ability to persuade intellectually.
HENNEBERG (on camera): How much of a fight will this be? Cathy Ruse says it depends on how much of an "ideologue the president chooses." Although Jay Sekulow adds, the Republicans simply don't have the numbers to derail a nomination.
In Washington, Molly Henneberg, FOX News.