Posted on 07/19/2005 6:49:13 AM PDT by Pyro7480
Court Speculation Centers on Female Judge
By DEB RIECHMANN, Associated Press Writer
President Bush is close to making his first nomination to the Supreme Court, and Washington was abuzz with speculation Tuesday about Judge Edith Clement of the U.S. Court of Appeals in New Orleans.
There was no word from the White House on when Bush would disclose his selection but officials familiar with the process said it appeared an announcement was imminent. No one claimed to have been told the name by Bush, but Republican strategists and others focused on Clement, a 57-year-old jurist who was confirmed on a 99-0 vote by the Senate when she was elevated to the appeals court in 2001.
"My desire is to get this process moving so that someone will be confirmed — whoever he or she is — will be confirmed by October" when the court reconvenes," Bush said Monday.
White House officials, who spoke on condition of anonymity because they were not authorized to talk publicly about the process, said Bush's timetable appears to have been accelerated and that a choice could come as early as Tuesday.
Known as a conservative and a strict constructionist in legal circles, Clement also has eased fears among abortion-rights advocates. She has stated that the Supreme Court "has clearly held that the right to privacy guaranteed by the Constitution includes the right to have an abortion" and that "the law is settled in that regard."
The officials said all of the candidates on Bush's short list are judges, both men and women; there had been speculation that he might put a nonjudicial political figure on the bench.
In a sign that Bush was getting close to naming his pick, Sen. Arlen Specter, R-Pa., chairman of the Judiciary Committee, was called to the White House on Monday. Specter, who would lead the confirmation process in the Senate, has said he hopes Bush selects a moderate jurist.
An announcement would turn the spotlight in Washington toward the Supreme Court vacancy and away from news about Bush's top political adviser Karl Rove and the ongoing federal probe into who leaked the name of a CIA officer.
White House officials have refused to discuss the names of top prospects being considered as a replacement for retiring Justice Sandra Day O'Connor, who was the first woman appointed to the court.
Interest groups say another female candidate thought to be under consideration was Edith Hollan Jones, who also serves on the 5th U.S. Circuit Court of Appeals in New Orleans.
Other names thought to be under consideration were: Maura Corrigan, a judge on the Michigan Supreme Court; Cecilia M. Altonaga, a U.S. District Court judge for the Southern District of Florida; Mary Ann Glendon, a Harvard Law School professor; Karen Williams from the 4th U.S. Circuit Court of Appeals in Richmond, Va.; Janice Rogers Brown, recently confirmed by the Senate for the U.S. Court of Appeals for the District of Columbia Circuit; and Priscilla Owen, who was just confirmed for a seat on the 5th U.S. Circuit Court of Appeals.
"It could come any time this week," said Manuel Miranda, chairman of the conservative Third Branch Conference. He said he believes the White House has shifted its focus to women. That would mean that Bush's selection would not be his loyal friend, Attorney General Alberto Gonzales.
Miranda said he would like to see a Hispanic named to the court, but it might make more sense to name a woman so that Justice Ruth Bader Ginsburg is not the only woman on the nation's highest court. "I think, at this point, a woman politically is much more advantageous," he said.
Sean Rushton, director of the conservative Committee for Justice, which will support Bush's nominee, said that while his group is "ready for it to be any minute," making the announcement next week would give liberals like Sen. Edward M. Kennedy, D-Mass., a little less time to push public opinion.
"If Ted Kennedy is not anywhere near a microphone when the nominee is announced, that is an advantage," Rushton said.
Congress goes on its traditional monthlong summer recess at the end of the month, and confirmation hearings are expected after Labor Day if Bush makes a nomination soon.
Bush, who had discussions over the weekend with his senior advisers about the court vacancy, said he is still evaluating prospects and needs to talk with some face-to-face. But he also said he wants the Senate to be able to complete confirmation hearings so a new justice will be on the court when it begins its new session in the fall.
Bush was careful not to disclose too many details about his selection process. When a reporter said, "We understand you are now close to a decision," Bush replied, "Well, thank you for telling me where I am in the process."
The president said he already knows some of those who may be in contention.
"In other words, I'm familiar with some of the people that are being speculated about in the press, and so I don't need to interview them," he said.
I don't accept the legitimacy of Roe v. Wade, it is a plainly unconstitutional decision. If the legislature makes it law, so be it, but courts do not make law under our Constitution, and until that is the case in reality I will be dissatisfied and work for change.
When they say she is seen as a conservative strict constructionist and then say she supports Roe, we have the media saying absolutely contradictory things.
If she is nominated, she will have a long record and that will be viewed in detail. I would not read much into anything she says in the hearings as no judge worth a damn will comment in a manner that details specific views.
I suspect she is a real strict constructionist and will move judiciously to reign in Roe, as well as other excesses.
One thing that does seem to be clear. She is FAR more of a Constitutionalist that O'Conner.
Roe v. Wade is bad law in many respects and will be overturned if our country continues down its current path. Roe v. Wade is kind of a bellweather. I have never seen a judge that supports Roe v. Wade that was worthy on many other rulings.
What is your leaning as to the accuracy of this 'leak' that Clement will be named? Am starting to have a gut instinct that this is a misdirection leak, and the actual nominee will be someone else. But I have no sources, nor a DC or legal background.
Apparently all those who are being considered are women.
That already suggests that the selection is going to be PC.
i've heard this alot, specifically in regards to what parties stand for. if republicans support the rich and enterprising, then they will do anything they can to keep those people rich and enterprising, and add more to their ranks. whereas if democrats support the poor and downtrodden, what will they do to keep voters?
Abortion is a state issue, and the Supreme Court has no business forcing states to allow or forbid it. If this is her philosophy on this and other similar issues, then she will be a good judge.
Fine...keep living in your fantasy world.
There are a whole lot of people who will leave the GOP (me included) if we come to believe that.
Right, but Garza felt compelled, when the issue arose, to follow Roe v. Wade while criticizing it in an opinion. If Clement was strongly anti-Roe, she could have qualified her comment.
The context in which she said that is important. A Circuit Court does not have the authority to overrule the USSC. I guess we only hate activist judges when they're liberals.
Stare decisis applies if the opinion is a reasonable interpretation of the text of the Constitution in light of it's original meaning.
I love how Republicans stand against affirmative action while practicing it.
That's the part that bothers me, too ... although I'm sure the White House handlers were telling her, "Don't say more than you need to. Just get confirmed."
I would certainly agree with this statement, but abortion is a RIGHTS issue at the state OR national level.
Our government was created for one purpose only..to protect our rights. Our right to own property, our right to be secure in our homes...without our right to LIFE, all the other rights are meaningless.
I truly believe that since the court's right to murder the unborn was set into *law*, it has been expanded to include the murder of children AFTER their birth, and why women are sometimes given lighter sentences in child murder cases than men are.
(Not to mention it cheapens the existence of life in general)
Right now, I'm like a lot of other FReepers....keeping my fingers crossed and hoping that the Republicans don't decide to screw their base yet again.
HARRY REID WILL TEAM UP WITH DANELLE SPENCER (Dee from "What's Happening") TO WIN THE NEXT "DANCING WITH THE STARS"!!!
I can make unsupported predictions in capital letters too.
Right now we are two judges away, if we get this one confirmed we will be one judge away from overturning Roe v. Wade and many other bad decisions. You see that as 6/9ths empty, I see it as 3/9ths full and needing just 2 more 9ths. That is not fantasy world. The biggest thing keeping us from that goal will be Hillary in 2008.
Any justice who gets appointed who is on record saying that abortion is constitutionally protected is not an originalist. Such an appointment would be a betrayal of a promise to appoint only strict constructionists.
I'd rather have Gonzales than that.
The opinions were already being written ... then Anthony Kennedy got cold feet and backed out.
If we had gotten Bork instead of Kennedy, Roe would be history.
Seriously, it seems like people were just waiting to b**ch about the choice, and pay no attention to the facts. Read the quote (and the context) again -- she says that the USSC says that abortion is constitutionally protected, she does not present her own view on the subject, which is only proper in a confirmation hearing.
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