Jones <strike>and Clement Are</strike> Is In Play<br>The White House Has Been Looking for Weeks
By Erick Posted in The Courts — Comments (19) / Email this page » / Leave a comment »
Sources tell RedState that the White House is actively engaged in finding a replacement for Sandra Day O'Connor and has been engaged for several weeks.
It became clear about a month ago that Chief Justice Rehnquist, through either death or resignation, would not be returning to the Supreme Court this October. At that time, outside groups close to the White House began efforts to point the White House toward some previously considered and not fully considered choices.
Shortly thereafter, the White House Counsel's office again picked up the list of the previously considered to press forward.
Confirming yesterday's report, I'm told that Alberto Gonzales is not under consideration. In fact, Gonzales took himself out of the running during the first "draft" and has reiterated that he does not want to be considered. The White House is now turning its eyes toward several women, but the President is insistent that he wants the "best person" and is not prepared to make a "hurricane pick" or any other pick to satisfy particular groups. "There will be no affirmative action in the selection process," says one source.
Of the names being mentioned, Edith Jones tops the list. A conservative fantasy and liberal nightmare, Jones has a solid conservative record on the Fifth Circuit Court of Appeals and is on record chastising the line of cases flowing from Roe v. Wade. Also on the list is Joy Clement, not because she would be a "hurricane pick," but because she is now a known quantity at the White House, having made it into the top three last time.
Update [2005-9-6 11:29:27 by Erick]: Following up on a tip from an outside source, I was able to get through to a White House contact who tells me that "earlier reports notwithstanding, the White House is not considering Joy. She made the list last time and is not expected to this time. As she was told, the White House wants to go in a different direction."
With Jones, the question remains how much the White House is actively considering her. It is my feeling that she is more on the list because of outside conservative interests than any desire by the White House to fight that battle. "Jones would solidify the President's base, but we are unsure if we could keep 51 of our own in the Senate," said one of those on the outside who is helping in the effort. "We're doing the math and we're pretty sure, but not fully sure."
Also being pushed forward are Judges McConnell and Luttig. I'm told by a White House source that Luttig "did not leave a favorable impression in the last round, but it was more to do with personality than anything else."
What does seem sure is that, while the White House will not reveal its cards until the President is ready, the President does want to see John Roberts on the bench before naming O'Connor's replacement.
[editor's note, by Erick] This piece is not to say that the White House is not looking at Owens or others. I'm only reporting what I've been told, namely that (A) the White House has been looking for weeks, (B) Jones and Clement are is being considered, and (C) the President prefers to get Roberts on the bench first.
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Jones <strike>and Clement Are</strike> Is In Play<br>The White House Has Been Looking for Weeks 19 Comments (0 topical, 19 editorial, 0 hidden) Post a comment »
Well, if we're talking "after Roberts is confirmed" then in my opinion, we can all take a month's nap as that is the timeframe for Roberts. The first couple of days will be critical for Roberts, IMHO.
I'm hoping that Conrad won't change his stance just because of the CJ next to Roberts name.
My guess is that she is being looked at. I'm just reporting what I've been told.
The fact that the White House has been looking for weeks, just about a month after they had already been looking for weeks, indicates to me that they probably already have a nominee in mind. At the very least they've probably settled on a final three and will wait until Roberts is all-but-confirmed to make an announcement.
I could see Bush naming the new nominee when Roberts' hearings are over, but I still think we will have to wait until Roberts is confirmed. There's just no point in rocking the boat, and a vacancy gives all the Senators incentive to get this done as soon as possible so they can get busy with a new fight.
It seem to me that the President nominating Judge Jones would separate the men from the boys in the Senate GOP. (Please pardon the sexist implications of that statement, Senators Dole, Collins, Hutchinson, and Snowe. It's the best I could summon on short notice.)
To overlook her twice in favor of less solid candidates could be considered a betrayal of sorts. I'd consider it as such, to an extent, but I wouldn't dwell at all. Others -- much more signficant than me --might not take it as well.
I am hearing it is going to be Clement, other names on any supposed short list are and will be window dressing BUT I think it is too early to tell, and/or predict the "Bush Effect." I think Owen came closer to getting it last time than most folks thought.
Strangely enough, the more the WH says "no identity politics", the less I believe them. JRB hits all the right notes, and galvanizes the base to commit acts of jihad on behalf of Bush.
Remember, no one mentioned Roberts before his pick. Trust Bush to do not only the smart thing, but the right thing.
JRB is far too controversial and far too new to the DC Circuit Court of Appeals to be of major consideration.
Brown's nomination would trigger a political war of devestating perportions. Right now, public support for Bush is in no way strong enough to risk waging that battle. The nuclear option would be triggered, and we'd probabely get her through, but we'd probabely also lose the Senate and maybe even the House (God forbid) in '06. Brown should be kept on hold until Ruth Bader Ginsburg or John Paul Stevens steps down or dies.
See my comment above. Janice Rodgers Brown is a bad idea.
The president has never gotten anywhere trying to play to the Democrats in the Senate. By pushing a "controversial" nominee like Brown, the president shores up his base at a time that he desperately needs them. Furthermore, if Democrats try to filibuster her, Republicans in the Senate would be wise NOT to use the nuclear option, instead focusing Americans on how - yet again - the democrats are acting as the party of obstructionism. After all, the "Gang of 14" agreed to confirm her to the DC court, proving that she could NOT be characterized as an "extraordinary circumstance."
I would thoroughly enjoy the spectacle of Ted Kennedy, Robert Byrd, etc. attacking a qualified jurist, who just happens to be a black woman. A black woman whose parents were dirt poor. The phrase "high tech lynching" comes to mind. If they claim that there are other candidates that might have slightly better credentials, it sort of takes the bite out of their "affirmative action" agenda. There's a winning slogan - the Supreme Court is no place for affirmative action! Whether she is confirmed or not, the dems will suffer more at the ballot box.
as long as he believes in it
For Rehnquist: Roberts
For O'Connor: Jones
For Stevens: Clement
For Ginsburg: Gonzales
Just in case for Scalia: Luttig
In each case, you are either maintaining the status quo ideologically or shifting it right. For example, I dont want Gonzales to replace O'Connor, as that would be a stale move, but moving from Ginsburg to Gonzales would be a shift rightward. SAme for Stevenst o Clement, O'Connor to Jones.
I think Bush needs to go for the shift now, and bring the court to a 5-4 balance by appointing a very conservative woman.
I hope President Bush selects Janice Rogers Brown.
A good case for Owen is being made on confirmthem.com based on her age, she is 5 years younger than Jones and 6 years younger than Clement. And it's hard to argue that Clement and Jones are significantly better choices than Owen.
http://www.confirmthem.com/?p=1142