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GONZALES UPDATE Email from C.J. Wilkie
Human Events Online ^ | July 6, 2005 | C.J. Wilkie

Posted on 07/06/2005 9:01:05 PM PDT by guitarist

Email from C.J. Willkie Referenced by the Times

Editor's Note: Below is the full text of an email from C.J. Willkie that was quoted in today's New York Times cover article "G.O.P. Asks Conservative Allies To Cool Rhetoric Over the Court"

About a year ago, I attended a meeting of almost 500 Conservative leaders. Judge Gonzales spoke to a general session, and I was able to ask him the following:

Q: Judge Gonzales, we’re hearing conflicting reports about your position on abortion. Can you tell us where you stand?

A: As a judge, I have to make judgments in conformity with the laws of our nation.

Q: Would you say that, regarding Roe vs. Wade, stare decisis would be governing here? (Note, stare decisis means that he would continue to uphold that decision because he would regard it as a binding precedent.)

A: Yes.

In response to this, there was a loud, spontaneous murmur across the entire auditorium of an “oooooh.” Rising above that were clearly audible “boos.”

Approximately two months later, I was privileged to be part of a smaller group of business executives at a meeting in the White House. One of the people who spoke to our group was Alberto Gonzales. I was again able to ask a question:

Q: Judge Gonzales, it’s well known that the Clinton administration had a very clear and consistent litmus test in regard to judicial nominations. If that person was not pro-abortion, they were not nominated. In light of this, do you ask your nominees what their position is on abortion?

A: No, we do not. We judge them on a very broad basis of conservatism and constitutional construction.

Q: Many of us feel that the Constitution does not speak to permissive abortion. Would you comment?

A: The Constitution is what the Supreme Court says it is.

There were no audible “oooohs” this time, but as the day went on, including the social evening, a significant number of those attending individually sought me out. Each expressed their deep reservation about this man being nominated to the Supreme Court.

Through the summer and fall, we heard almost nothing more about Judge Gonzales being nominated. But, more recently, his name has again been floated in Washington as possibly Bush’s first nominee. At a meeting of 65 pro-life leaders the day after the January 22nd March, my partner, Brad Mattes, asked a public question of Viet Dinh, Assistant Attorney General, Office of Legal Policy, US Department of Justice. Mr. Mattes reminded him of Judge Gonzales’ sharp criticism of Judge Owen and his answers to the questions (above). He stated that we did not need another Souter, Kennedy or O’Connor on the Supreme Court. “Abortion has been legal for 30 years and over 43 million babies have died. It’s time that we put justices on the court who will reverse Roe vs. Wade and stop the killing… Judge Gonzales is not acceptable to the pro-life, pro-family movement.” Uniform applause throughout the room followed his statement. Mr. Dinh’s reply, we felt, was quite inadequate, as he did not directly address Mr. Mattes’ comments.

The other speaker on the panel, Manuel Miranda, Senior Counsel on the Senate Judiciary Committee, explained that Judge Gonzales’ words were “flippant” remarks. Mr. Mattes responded that, flippant or not, the remarks were made and that Senator Lott recently learned such remarks can result in a very negative political reality. “No amount of political rhetoric or explaining can excuse what we’ve heard from Judge Gonzales, and I suggest that you gentlemen move on and select a justice who is truly a strict constructionist…If Mr. Gonzales is nominated to the US Supreme Court, Life Issues Institute would probably respond by educating its radio audience of four million people and communicating with over ten thousand pro-life leaders and educators.”

Mr. Mattes spoke in some detail of the esteem and love that we hold for President Bush. We respect his leadership and are grateful for his pro-life actions to date. But he noted that the Supreme Court nominations will be the most important thing the President can do for the babies. “As a result, Life Issues Institute would have to oppose a Gonzales nomination.” Again, Mr. Mattes’ comments were followed by general applause....

Now is the time to act, before the President nominates a candidate to the Court. A broad representation of pro-life, pro-family leaders and citizens must quickly communicate to Mr. Bush that Mr. Gonzales is not an acceptable justice to our nation’s highest court.

First, we must praise the President for his outstanding pro-life stand and actions. He is without doubt the most pro-life and the most effective pro-life President in modern times. But we must also point out to him, in personal visits, letters, emails, faxes or by any avenue that you might have access to the president, that the most important thing he can do is nominate solidly pro-life candidates to the US Supreme Court.

Mr. Gonzales deserves praise for his ongoing recommendation of good judicial candidates to Bush. We are pleased with those that he has recommended for the lower courts. In doing this, he is faithfully following the President’s direction. But if he joins the US Supreme Court, he will then be beholden to no one and will be voting his own convictions and conscience. We are deeply concerned about what some of these future votes will be.


TOPICS: Business/Economy; Constitution/Conservatism; Crime/Corruption; Culture/Society; Government; News/Current Events; Philosophy; Politics/Elections
KEYWORDS: gonzales
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We don't know--and have mixed clues--as to how Gonzales would vote on Roe v Wade. I think and hope he'd vote our way. But we, and President Bush--unless he knows a WHOLE lot more than we do--shouldn't take the chance!
1 posted on 07/06/2005 9:01:05 PM PDT by guitarist
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To: guitarist

Related NY Times article: http://www.nytimes.com/2005/07/06/politics/politicsspecial1/06scotus.html?pagewanted=2


2 posted on 07/06/2005 9:02:23 PM PDT by guitarist
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To: guitarist

Gonzales may be pro-life, but he has given no public message of that sort. If President Bush isn't 110% sure that Gonzales will be absolutely pro-life then he should not nominate him!


3 posted on 07/06/2005 9:05:19 PM PDT by ndkos (Benedict XVI - Bringing in the real springtime of Vatican II)
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To: guitarist

Gonzales is not a goer. President Bush should immediately strike him from the list - if he hasn't already.


4 posted on 07/06/2005 9:06:31 PM PDT by Aussie Dasher (The Great Ronald Reagan & John Paul II - Heaven's Dream Team!)
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To: guitarist

"Gonzales"

That's Spanish for "Souter."


5 posted on 07/06/2005 9:07:03 PM PDT by Redbob
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To: guitarist
Why we waste time on the Roe-v-Wade case is beyond me. Roe-v-Wade is established law and it will not be re-argued. Roe-v-Wade will be overturned by limiting it's scope. Like Partial Birth restrictions, and Parental Rights.

\We need to ask these Nominee's how they view the Constitution and how much importance do they put on the Founding Fathers original intent, not these hot button Liberal issues. Roe-v-Wade will die of a thousand cuts, not a single decision handed down from the SCOTUS

6 posted on 07/06/2005 9:08:59 PM PDT by MJY1288 (Whenever a Liberal is Speaking on the Senate Floor, Al-Jazeera Breaks in and Covers it LIVE)
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To: Redbob

That's original :-)


7 posted on 07/06/2005 9:09:42 PM PDT by MJY1288 (Whenever a Liberal is Speaking on the Senate Floor, Al-Jazeera Breaks in and Covers it LIVE)
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To: Aussie Dasher

I bellieve he was nominated for the AG position just because Dubya knew he would not nominate him for the SCOTUS. I believe Gonzales knew this before he accepted the Nomination to become the U.S. Attorney General from his Boss. Without Dubya, Gonzales would still be an unknown Hispanic in Texas


8 posted on 07/06/2005 9:13:28 PM PDT by MJY1288 (Whenever a Liberal is Speaking on the Senate Floor, Al-Jazeera Breaks in and Covers it LIVE)
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To: guitarist
"Q: Many of us feel that the Constitution does not speak to permissive abortion. Would you comment?"

A: The Constitution is what the Supreme Court says it is."

Hey Gonzalez, this is the United States of America, and NO, the Constitution is NOT WHAT THE SUPREME COURT SAYS IT IS!! The constitution is what THE CONSTITUTION SAYS IT IS. PERIOD. NO IF ANDS OR BUTS. READ IT AND OBEY IT OR GET OFF THE BENCH, you activist judge, you.

9 posted on 07/06/2005 9:13:34 PM PDT by Iam1ru1-2
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To: MJY1288

Very well stated but some folks on here cannot get it through their brains that getting rid of Roe V. Wade is being done in increments and will never happen in one ruling. They cannot see the forest for the trees IMHO!


10 posted on 07/06/2005 9:17:43 PM PDT by PhiKapMom (AOII Mom -- J.C. for OK Governor in '06; Allen/Watts in 2008)
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To: MJY1288
"Why we waste time on the Roe-v-Wade case is beyond me. Roe-v-Wade is established law and"

Slavery was established law too, and it was the law of the land longer than Roe V Wade. Did that make it right? Just because a law is "established" doesn't make it right OR legal. The SCOTUS usurped it's responsibity in Roe V Wade by MAKING law rather than interpreting the law. The Constitution does not even mention abortion or deal with the matter of when life begins or ends, so how can the SCOTUS interpret what wasn't mentioned in the first place. It's called "Acitivisn", making law which is ursurping that power given ONLY to the U.S. Congress.

11 posted on 07/06/2005 9:20:09 PM PDT by Iam1ru1-2
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To: guitarist

Gonzales: "The Constitution is what the Supreme Court says it is."

Well, at least he is honest and objective. That is what the US has come to for many years now.


12 posted on 07/06/2005 9:21:24 PM PDT by Vicomte13 (Et alors?)
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To: Iam1ru1-2
OK Then we need to get Congress to negate Roe-v-Wade and quit expecting a President on our side to nominate an Activist to do it for Congress. If we did that, we would be no better than the Liberals. Laws are enacted and/or modified by Congress, so if we are going to live by the standards of Conservatism and the Original intent, We must lobby Congress, not appoint an activist
13 posted on 07/06/2005 9:25:20 PM PDT by MJY1288 (Whenever a Liberal is Speaking on the Senate Floor, Al-Jazeera Breaks in and Covers it LIVE)
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To: MJY1288

I agree.

Too many "conservatives" base their whole political outlook on overturning Roe vs Wade. Just plain ain't gonna happen!

As much as I hate abortion, I have to say that I don't EVER see it being overturned; and at this stage of the game, there are things far more important to the future of our Nation to be considered.


14 posted on 07/06/2005 9:28:06 PM PDT by clee1 (We use 43 muscles to frown, 17 to smile, and 2 to pull a trigger. I'm lazy and I'm tired of smiling.)
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To: PhiKapMom
It's really quite simple if we think like Justice Scalia does, He says we must change the laws by persuading Congress to do what the founders entrusted them with. If the Constitution needs to be amended, than we must do so by the normal process and not some activist SC Judge making the crap up out of thin air. I'm not in favor of adopting the unconstitutional practices the RATS have been using to bypass the Public.

This is why I would not want to see a Judge Moore on the Court

15 posted on 07/06/2005 9:29:57 PM PDT by MJY1288 (Whenever a Liberal is Speaking on the Senate Floor, Al-Jazeera Breaks in and Covers it LIVE)
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To: MJY1288

"Roe-v-Wade is established law and it will not be re-argued."

It almost was overruled in 1992:

http://www.cnn.com/2004/LAW/03/04/scotus.blackmun.papers

As lawyers and court watchers have long suspected, the Supreme Court was ready to effectively overturn the landmark Roe v. Wade ruling legalizing abortion in 1992, but Justice Anthony M. Kennedy got cold feet, and the vote went the other way.

Internal notes in the papers of late Justice Harry A. Blackmun reveal the secretive dealings that led to the court's ruling in Planned Parenthood v. Casey that year.

Blackmun's extensive records from 24 years on the court were opened Thursday.

Details of the archives were first reported by National Public Radio, which got advance access.

Blackmun's notes show that Chief Justice William H. Rehnquist led a five-justice majority to overrule Roe. Four other justices voting with Rehnquist were Byron White, Antonin Scalia, Clarence Thomas and Kennedy. Rehnquist himself was to write the majority opinion.


16 posted on 07/06/2005 9:30:59 PM PDT by Altair333 (Stop illegal immigration: George Allen in 2008)
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To: PhiKapMom
In the first place, you could have 9 clones of Clarance Thomas on the court and they could not just decide on their own to overturn R v W. They must have a case based on R v W to adjudicate before any action could be taken. That is where true "strict-constructionists" come in. If the case turns on the 10th amendment rights of the individual states to decide the issue then a "strict-constructionist" court would be well within constitutional powers to overturn R v W and send it back to the states. However, if the argument is that abortion is murder and should be banned in all states then it would take an "activist conservative" court to overturn R v W. It may be the right thing to do BUT it would still be judicial activism.
17 posted on 07/06/2005 9:37:45 PM PDT by Texasforever
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To: Altair333

IMHO, Established Law should only be overturned by the Amendment Process. This is how we reversed bad law in the past, and this is how our Founders set it up. To change it any other way would be Judicial Activism, no matter how we spin it.


18 posted on 07/06/2005 9:38:05 PM PDT by MJY1288 (Whenever a Liberal is Speaking on the Senate Floor, Al-Jazeera Breaks in and Covers it LIVE)
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To: MJY1288

I agree. I am pro life but it's been very clear to me for a while that the pro life leadership is still stuck fighting the 1973 battle they lost. They have been stunted and stymied since then.

The leadership needs to be replaced.


19 posted on 07/06/2005 9:40:29 PM PDT by HitmanLV
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To: Texasforever
Hello Tex, here we go again :-)

Activism on the right is the same as activism on the left. A wrong is a wrong, I just wish more people saw it the way some of here do!

20 posted on 07/06/2005 9:40:38 PM PDT by MJY1288 (Whenever a Liberal is Speaking on the Senate Floor, Al-Jazeera Breaks in and Covers it LIVE)
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