WSJ: A Weakened Bush Plays It Safe On Chief Justice

[question everything]

Multiple Vacancies

A Weakened Bush Plays It Safe On Chief Justice
With Katrina, Iraq Sapping Poll Numbers, President Looks to Judge Roberts
Who Will Fill O'Connor Seat?

By JEANNE CUMMINGS and JESS BRAVIN
Staff Reporters of THE WALL STREET JOURNAL
September 6, 2005; Page A1

WASHINGTON -- At a time of increasing political weakness, President Bush tapped John Roberts as his nominee for chief justice, choosing to avoid -- or at least delay -- a fresh ideological battle over the Supreme Court.

(snip)

Judge Roberts -- currently a member of the federal appeals court in Washington, D.C. -- appears more likely to follow the collegial Rehnquist example. While moving the court in a rightward direction on issues such as criminal law, the late chief tried during his 19 years in charge to create an amicable atmosphere. He sometimes shaped his opinions to cement a five-vote majority, rather than hewing completely to his views.

As Hurricane Katrina, rising gas prices and Iraq have sent Mr. Bush's poll ratings to the lowest levels of his administration, the Roberts nomination in July to replace Justice Sandra Day O'Connor has been one of the few moves to go smoothly for the White House lately. Mr. Bush's conservative base praised the pick, while many Democrats have found the genial judge difficult to attack. Public-opinion surveys show the country largely accepting Judge Roberts moving to the high court.

(snip)


Now Judge Roberts would replace a jurist whose votes he is thought likely to track. Viewed this way, having Judge Roberts replace Chief Justice Rehnquist, for whom the nominee once clerked, wouldn't affect the court's political balance.

(snip)

If he wanted a strong conservative in the Scalia-Thomas mold, he could turn to Judge J. Michael Luttig, an intellectual heavyweight on the Fourth U.S. Circuit Court of Appeals, who has been outspoken against abortion rights. "There's no question in my mind with what's on the president's plate right now, the war and Katrina in particular, he is not going to create more uncertainty by abandoning the base on this issue," said Leonard Leo, who is helping outside groups build support for the president's judicial nominees. Mr. Leo is on leave from his position of executive vice president of the Federalist Society, a conservative lawyers organization.

But pleasing the base would risk alienating moderate voters already cooling to Republicans ahead of the 2006 mid-term elections. Gender and particularly race may also play a role, especially in post-Katrina politics. The image of poor, black families stranded on New Orleans rooftops or begging for water has rejuvenated a debate over the Republican Party's posture toward minorities. After a week of such images, Republicans may be hesitant about a second white male nominee to the high court.

(snip)








The White House is also considering naming a woman to replace Justice O'Connor. Officials have already conducted background checks on several, including two on the Fifth U.S. Circuit Court of Appeals in New Orleans: Judge Edith H. Jones and Judge Edith Brown Clement. The White House is likely to expand its list of female candidates to include Karen Williams of the Fourth Circuit and Justice Maura D. Corrigan of the Michigan Supreme Court.

--John D. McKinnon and Anne Marie Squeo contributed to this article.

Write to Jeanne Cummings at [e-mail]1 and Jess Bravin at [e-mail]2



http://online.wsj.com/article/0,,SB112592048101231761,00.html (subscription)