Newsweek: Calif. Supreme Court Justice Janice Rogers Brown for the U.S. Supreme Court?

The rest of the story.

WITH THE WHITE HOUSE and the Senate both in Republican hands, GOP-nominated Justices William Rehnquist, 78, and Sandra Day O’Connor, 72, are considered most likely to depart. Some reports suggested that Rehnquist has already given President George W. Bush a heads up on his departure. But a senior administration official dismisses the idea, saying the White House has no “inside information.”

Bush aides had contemplated the idea of elevating Associate Justice Antonin Scalia, 66, to replace Rehnquist as chief. Some administration officials relished the idea of courting a major confirmation battle over Scalia—a folk hero to conservatives. Nominating Scalia to be chief would fire up Bush’s conservative base, some argued. And some Democratic senators might find it tough to oppose Scalia since they already voted for him once: he cleared the Senate by a vote of 98-0 in 1986. But in the end, sources tell NEWSWEEK, White House officials rejected the idea, concluding that the brilliant but pugnacious justice would not be a consensus builder—an important quality for a chief justice. “We discussed it seriously, but rejected it definitively,” says a source familiar with the process.

Many strategists have predicted Bush will fill the open seat with the court’s first Hispanic justice. Early betting centered on White House counsel and Bush confidant Alberto Gonzales. But some elements of Bush’s conservative base seem to have cooled on the idea. And White House insiders say Gonzales himself has never been enthusiastic about going on the high court. (More likely, the sources say, is that Gonzales, succumbing to President Bush’s personal entreaties, would fill a second vacancy.) Other possibilities: appellate Judge Emilio M. Garza of Texas and, if he’s confirmed to the D.C. Circuit Court, lawyer Miguel Estrada.

Other observers think Bush could take another approach, appointing California Supreme Court Justice Janice Rogers Brown instead. Brown is a conservative African-American who’s ruled against affirmative action and abortion rights. Her nomination would let Bush add the court’s third woman and second African-American in one swoop. And White House lawyers have already interviewed her. Tom Goldstein, a Washington lawyer who argues cases before the court, believes Brown could even get the nod for chief justice. “An African-American female nominee is not going to be filibustered,” he says. “She doesn’t have a record that will stop Democrats in their tracks.” And after months of bitter Senate fights over nominations to lower courts, that could have an appeal all its own.

The Bushies have to realize that Republicans don't get immunity from left-wing Leahy-Schumer attacks by promoting minorities. It just doesn't work. The attackers are crazed zealots, who'll ride rough shod over racial sensitivities if they think the greater left-wing cause is in peril.

The Bushies have to blind themselves to race, and look strictly and intensely at merit in making these selections. This woman seems like a good pick, but I think we should all be super skeptical -- even paranoid -- about all supreme court nominees, remembering how badly we got burned by David Souter.
I think we even have to ask questions that might seem irrelevant: What is this woman's family situation? Part of the problem with Souter was that Sununu and Bush 1st loved the fact that he had no real paper trail. They overlooked the fact that he was a not-fully formed American. He was a miser, and a nerd who lived alone in a little shack with his mother.

Dear President Bush, With the Surpeme Court session getting ready to close, it may well be time for perhaps the most important domestic decision of your presidency: the appointment of a Supreme Court Justice(s). The main reason why I supported you in 2000 and why I wanted Daschle out of power in 02 (and 04) has to do with the courts. I want America courts to interpret law, not write law. During your presidential campaign you said Thomas and Scalia were your two model justices. Those are excellent models. The High Court needs more like them. Clarence Thomas recently said to students that the tough cases were when what he wanted to do was different from what the law said. And he goes by the law. This should be a model philosophy for our justices. Your father, President Bush lost his reelection campaign for 3 main reasosn, as far as I can see. 1. he broke the no new taxes pledge 2. David Souter 3. Clinton convinced people we were in a Bush recession (which we had already come out of by the time Clinton was getting sworn in)

I urge you to learn from all three of these: 1. on taxes, you're doing great. Awesome job on the tax cut. 2. good job so far on judicial appointments. I want to see more of a fight for Estrada, Owen, and Pickering, but I commend you on your nominations. 3. by staying engaged in the economic debate you'll serve yourself well

I have been thoroughly impressed with your handling of al Queida, Iraq, and terrorism. You have inspired confidence and have shown great leadership.

But I want to remind you that your Supreme Court pick(s) will be with us LONG after you have departed office. I urge you to avoid the tempation to find a "compromise" pick. Go for a Scalia or Thomas. Don't go for an O'Connor or Kennedy. To be specific, get someone who is pro-life. Roe v Wade is one of the worst court decisions I know of, and it's the perfect example of unrestrained judicial power.

I know the temptation will be tremendous on you to nominate a moderate. But remember who your true supporters are. I am not a important leader or politician. I am "simply" a citizen who has been an enthusiatic supporter of you. I am willing to accept compromise in many areas of government but I will watch your Court nomiantions extremely closely. What the Senate Dems are doing right now is disgusting, but as the President you have the bully pulpit to stop it. Democrats will back down if you turn up serious heat on them.

Moreover, I think public opinion is shifting towards the pro-life position. Dems will want you to nominate a moderate, but almost all will vote against you anyways. Pro-choice Repubs will likely still vote for you if you nominate a Scalia, after all, you campaigned on it. So Mr. President, I urge you to stick with your campaign statements and nominate justices who believe in judicial restraint, like Scalia and Thomas.

Happy Memorial Day and may God bless you and your family.

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