Democrats Face Pressures on Roberts Issue

ap on Yahoo ^ | 9/19/05 | David Espo - ap

[NormsRevenge]

WASHINGTON - Senate Democrats face conflicting pressures as John Roberts' nomination as chief justice advances, prodded by liberal groups to oppose the appointment yet considering whether a vote in favor might temper President Bush's choice for a second Supreme Court vacancy.

"In three days of testimony, Judge Roberts gave no reason for optimism that he would vote to uphold a woman's right to choose," the National Women's Law Center said in a memo circulated Monday, part of a sustained effort by liberal groups to maximize Democratic opposition to the nomination.

"There's been extensive outreach to senators and their staffs by numerous people urging them to vote no on the nomination," added Nan Aron, who heads the Alliance for Justice, another organization that spent the weekend trying to line up "no" votes.

The Senate Judiciary Committee is to vote on Roberts on Thursday, and the decisions made by the panel's eight Democrats — including two members of the party's leadership — will provide the first indication of whether the 50-year-old appeals court judge and former Reagan administration lawyer can command significant bipartisan support.

Whatever Democrats decide, Roberts' confirmation to succeed the late Chief Justice William H. Rehnquist is all but secured, given widespread, possibly unanimous support among the Senate's 55 Republicans.

Sen. Arlen Specter (news, bio, voting record) of Pennsylvania, who presided over confirmation hearings as chairman of the Judiciary Committee, underscored the depth of the GOP support during the day when he formally announced his plans to support the nominee. "Most importantly, Judge Roberts' answers demonstrated that he would take a fair, non-ideological approach to the law," said Specter.

A supporter of abortion rights, Specter also said he came away from the hearings without a clear indication of whether Roberts would vote to sustain or overturn the 1973 landmark high court ruling that established a woman's right to end her pregnancy. "Notwithstanding his answers and my efforts to glean some realistic expectation from his words and body language, candidly it is not possible to predict or have a solid expectation of what Judge Roberts would do," he said.

Thus far, all 44 Senate Democrats have remained publicly neutral on the nomination, acceding to the request of the party's leader, Sen. Harry Reid (news, bio, voting record) of Nevada, to avoid commitments until hearings were completed.

Apart from pressure from traditional allies, several Democrats have noted that Roberts possesses undeniable legal skills.

Additionally, with Bush beginning to consult with Congress on a replacement for Justice Sandra Day O'Connor, there are other factors.

One Democrat who is close to the Judiciary Committee said the issue broke down this way: If the nominee to replace O'Connor is going to be more conservative than Roberts, and more controversial, would it be better to have seven or eight Democratic votes in favor of Roberts or to have 30 or 35?

A second Democrat said part of the calculation reflected the view of some senators that Bush may shrink from confrontation when he fills the second vacancy, at a time when public support for the war in Iraq is dwindling and his overall public approval is at the lowest point of his presidency.

Yet a third said some Democratic senators argue that they will be in a better political position to oppose a second, more conservative nominee if they have voted for Roberts.

These Democrats spoke on condition of anonymity, saying they were not authorized to discuss the private debate.

One Democratic strategist with long experience in senatorial campaigns dismissed such claims.

"Never once have Democrats benefited from attempts at reasonableness and compromise and accommodation," said Jim Jordan, former executive director of the party's senatorial committee. "To the contrary, Bush and his team seem to view political compromise as weakness, and they punish it rather than reward or reciprocate it."

Despite the pressure from groups such as the NLWC, the Alliance for Justice, People For the American Way and the Leadership Conference on Civil Rights, other traditionally Democratic groups have been relatively quiet about Roberts. Neither the AFL-CIO nor the nation's trial lawyers have played significant roles in the confirmation process.

Additionally, Sen. Charles Schumer (news, bio, voting record), D-N.Y., who is in charge of the party's senatorial campaign committee, told reporters last week he does not believe the nomination will emerge as one of the top four or five issues in the 2006 midterm elections. Schumer is also a member of the Judiciary Committee.

[Raycpa]

Notice that the various calculations of the democrats reasoning never consider what the best is for the citizens of the US.