Still not what you're looking for, but I thought we could see how far back the claim goes.
The sound principle of judicial review has turned into an intolerable presumption of judicial supremacy. A Republican Congress, working with a Republican president, will restore the separation of powers and reestablish a government of law. There are different ways to achieve that goal - setting terms for federal judges, for example, or using Article III of the Constitution to limit their appellate jurisdiction - but the most important factor is the appointing power of the presidency. We applaud Governor Bush’s pledge to name only judges who have demonstrated that they share his conservative beliefs and respect the Constitution.
I'm just collecting sources. I know this is still not what you're looking for. BTW, it was posted on the PBS site on July 31, 2000.
From a debate with Kerry in 2004
GIBSON: Mr. President, the next question is for you, and it comes from Jonathan Michaelson, over here.
MICHAELSON: Mr. President, if there were a vacancy in the Supreme Court and you had the opportunity to fill that position today, who would you choose and why?
BUSH: I'm not telling.
(LAUGHTER)
I really don't have -- haven't picked anybody yet. Plus, I want them all voting for me.
(LAUGHTER)
I would pick somebody who would not allow their personal opinion to get in the way of the law. I would pick somebody who would strictly interpret the Constitution of the United States.
Let me give you a couple of examples, I guess, of the kind of person I wouldn't pick.
I wouldn't pick a judge who said that the Pledge of Allegiance couldn't be said in a school because it had the words "under God" in it. I think that's an example of a judge allowing personal opinion to enter into the decision-making process as opposed to a strict interpretation of the Constitution.
Another example would be the Dred Scott case, which is where judges, years ago, said that the Constitution allowed slavery because of personal property rights.
That's a personal opinion. That's not what the Constitution says. The Constitution of the United States says we're all -- you know, it doesn't say that. It doesn't speak to the equality of America.
And so, I would pick people that would be strict constructionists. We've got plenty of lawmakers in Washington, D.C. Legislators make law; judges interpret the Constitution.
And I suspect one of us will have a pick at the end of next year -- the next four years. And that's the kind of judge I'm going to put on there. No litmus test except for how they interpret the Constitution.
Thank you.
GIBSON: Senator Kerry, a minute and a half.
KERRY: Thank you, Charlie.
A few years ago when he came to office, the president said -- these are his words -- "What we need are some good conservative judges on the courts."
And he said also that his two favorite justices are Justice Scalia and Justice Thomas.
So you get a pretty good sense of where he's heading if he were to appoint somebody.
Now, here's what I believe. I don't believe we need a good conservative judge, and I don't believe we need a good liberal judge. I don't believe we need a good judge of that kind of definition on either side.
I subscribe to the Justice Potter Stewart standard. He was a justice on the Supreme Court of the United States. And he said the mark of a good judge, good justice, is that when you're reading their decision, their opinion, you can't tell if it's written by a man or woman, a liberal or a conservative, a Muslim, a Jew or a Christian. You just know you're reading a good judicial decision.
What I want to find, if I am privileged to have the opportunity to do it -- and the Supreme Court of the United States is at stake in this race, ladies and gentlemen.
The future of things that matter to you -- in terms of civil rights, what kind of Justice Department you'll have, whether we'll enforce the law. Will we have equal opportunity? Will women's rights be protected? Will we have equal pay for women, which is going backwards? Will a woman's right to choose be protected?
These are constitutional rights, and I want to make sure we have judges who interpret the Constitution of the United States according to the law.
So Bush did not make the "in the mold of Scalia or Thomas" statement, at least not in this debate. The implication is there, however, and allowed to stand.
Arguing against Miers detractors on this basis strikes me as Clintonian and weak.
My problem with the Miers nomination is not that she is not a Scalia or Thomas clone. She could be. I don't know. And it is the not knowing that is the point.
Choosing a stealth candidate has an air of cowardice to it.
I'm not calling for her nomination to be withdrawn. I would like to see her performance during the confirmation hearings. However, my vote for Bush in 2004 was cast primarily based on the fact that he would appoint a strict constructionalist, not a pig-in-the-poke to avoid a fight.
"Trust Me" is sounding a lot like "Read My Lips."
Dated March 26, 2001.
To be fair, some court observers and Bush watchers say that although the Bush judges are pro-business and pro-defendant, they are far more "moderate" than their more conservative predecessors. "His judges tend to be moderate-conservative judges," says Anthony Champagne, a professor at the University of Texas at Dallas. "Bush has quite an impressive record when it comes to Texas. His appointees have been a moderating force on the Texas Supreme Court. They are pro-defense, but not extremely so. They tend to often be well regarded by people on both sides." Even Court Watch reported that "a contingent of four justices initially appointed by Gov. George W. Bush appear to be intent on eliminating the excesses of the GOP old guard elected between 1988 and 1994." Still, Texas conservatives understood that Bush's judges would follow the lead of those parked further to the right. During Abbott's 1998 election run, he raised money from business and defense interests under the "reform" banner. One of his fundraising letters reads: "His election to a full six-year term is critical to continue the reform movement that has done so much to return balance, fairness, and impartiality to the Supreme Court."
Who Would Bush Appoint To The Supreme Court, April 10, 2000, by Seth Gitell
I predict Bush will publicly confirm that he never said "I will nominate a candidate in the mold of Antonin Scalia or Clarence Thomas."
I believe Bush actually said "I will nominate a candidate in the mold of Sidney Appelbaum or Walter Finkelstein."