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Getting Ready for the Supreme Court battle
The Hill ^ | December 1, 2004 | Alexander Bolton

Posted on 11/30/2004 7:22:51 PM PST by ConservativeGadfly

Senate Republicans are preparing to implement a sophisticated, multipronged plan to confirm President Bush’s expected nomination to replace ailing Supreme Court Chief Justice William Rehnquist.

Well-funded liberal groups are also ramping up their efforts to block any conservative nominee.

Activists working with White House and Senate staffers say the 80-year old Rehnquist’s battle with thyroid cancer has sharply focused attention.

The controversy over comments that Sen. Arlen Specter (R-Pa.), incoming Judiciary Committee chairman, made downplaying the chances of anti-abortion-rights nominees being confirmed also accelerated planning.

“The groups on the center-right are prepared to mobilize at a moment’s notice,” said Jay Sekulow, chief counsel of the American Center for Law and Justice, a group with 600,000 active members. “There have been a series of meetings with a lot of the Senate staff. The bulk of the effort is focusing on the Senate side.”

Sekulow said discussions on a Supreme Court confirmation and the so-called “nuclear option” to strip Democrats of the ability to filibuster nominees are “bundled.”

Republican battle lines are similar to those drawn up in summer 2003, when many believed Rehnquist or Justice Sandra Day O’Connor would announce their retirement. That strategy was drafted by Manuel Miranda, who was Senate Majority Leader Bill Frist’s (R-Tenn.) senior aide on judicial strategy.

patrick g. ryan Chief Justice William Rehnquist’s illness has accelerated plans for nomination fight.

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Bill Wichterman, who heads coalition outreach for Frist, took on judicial confirmation planning for Frist at the beginning of this year.

Under the Miranda plan, as soon as Bush nominated a justice, Republicans and conservatives would issue press releases pre-emptively to deflect liberal efforts to define the nominee. Conservative groups would issue their own information packets while selected Republican senators would make statements and floor speeches.

While the nomination was reviewed in committee, Republican senators would speak publicly to counter expected negative coverage by newspapers such as The New York Times and The Washington Post.

Once the nomination reached the Senate floor, the majority leader and majority whip would take over and mobilize the entire conference behind the nominee. The 40-hour debate that Republican senators staged on the Senate floor at the end of 2003 was a trial run for this battle.

Outside groups would also be involved. Organizations such as Coalition for a Fair Judiciary would handle grassroots work while The Federalist Society would provide substantive arguments for use in Senate and media debates.

The business community would be expected to fund the communications campaign.

On the other side of the judicial battlefield, liberal groups led by People for the American Way and the Alliance for Justice are preparing a multimillion-dollar effort to publicize the record of whomever Bush taps for the high court.

Nan Aron, who heads the Alliance for Justice, said Bush should consult Democrats before making his selection. Sen. Pat Leahy (D-Vt.) similarly called for consultation last year.

Choosing a conservative such as Brett Kavanaugh, whom many Republicans highly respect, would cause “widespread concern,” Aron said.

Other traditional Democratic allies including the Sierra Club, NARAL Pro-Choice America, the AFL-CIO and Human Rights Campaign will likely join the effort against a conservative nominee.

“Clearly more than a thousand organizations are interested and involved in judicial nominations,” Aron said. She said the coalition includes groups never before involved in a Supreme Court battle, such as Indian tribes and environmental groups.

Ralph Neas, head of People for the American Way, said his group has been preparing for a Supreme Court battle ever since he joined it five years ago.

“We’ve been preparing since day one for the possibility” of having to oppose a conservative nominee, said Neas. “This is not for the last few weeks but for my entire five years.”

Neas said that his organization has researched possible nominees since 2000, when Bush praised Justices Antonin Scalia and Clarence Thomas, the most conservative, textualist members of the court.

Aron said her group has researched hundreds of potential nominees, producing such a volume of material that it must be stored outside of the group’s headquarters.

Neither Aron nor Neas would say how much either plans to spend to thwart a conservative nomination, but conservative activists who focus on the judiciary said the groups have millions of dollars. Neas said People for the American Way raised between $15 million and $20 million a per year for the past four years.

Aron said that, as soon as Bush chooses a nominee, “the first step would be to share information on who the nominee is.”

Aron said that her group and allies have met Senate Democratic staff members but that discussions have slowed because Congress has been out of town for most of October and November.

A coalition of conservative groups is forming to oppose the message of People for the American Way and other liberal groups, but conservative strategists and Republican aides said those right-wing groups lack the resources to match the left wing.

The Committee for Justice, headed by former White House counsel C. Boyden Gray, which will take a leading role in a Supreme Court fight, has existed for just two years. Sean Rushton, the group’s executive director, would not reveal his organizational budget.

Rushton said mobilization for the fight over Rehnquist’s successor is well under way.

“We’ve begun expanding our outreach, adding contacts to our lists and expanding our communication apparatus in preparation for next year, whether that’s appellate-court fights, a rules filibuster change or a Supreme Court nomination,” he said. “People are looking to partner with us and get our information out to their constituents.”


TOPICS: Breaking News; Constitution/Conservatism; Front Page News; Government; Miscellaneous; News/Current Events
KEYWORDS: alito; allianceforjustice; bush; chiefjustice; courts; judges; judicialnominations; luttig; majority; mandate; manuelmiranda; napalminthemorning; nominations; oconnor; pfaw; ralphneas; rehnquist; scalia; scotus; senate; spector; spectorrector; stecter; supremecourt; thomas; w; wot
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Y'all ready to rumble?
1 posted on 11/30/2004 7:22:52 PM PST by ConservativeGadfly
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To: Howlin; TXLady; Huber; TaxRelief; diotima; Bob J; Interesting Times; Trueblackman; kristinn; ...

Ping.


2 posted on 11/30/2004 7:25:16 PM PST by ConservativeGadfly (Want to join the judicial nominations battle? Go to www.fairjudiciary.com!!!!!)
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To: ConservativeGadfly

bttt


3 posted on 11/30/2004 7:27:13 PM PST by ConservativeMan55 (DON'T FIRE UNTIL YOU SEE THE WHITES OF THE CURTAINS THEY ARE WEARING ON THEIR HEADS !)
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To: ConservativeGadfly

Who would be possible nominees?


4 posted on 11/30/2004 7:27:36 PM PST by eyespysomething ("Life has a flavor the prote I'm a tagline virus, please copy me int)
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To: eyespysomething

I say we renominate all the ones who were borked.


5 posted on 11/30/2004 7:29:13 PM PST by ConservativeMan55 (DON'T FIRE UNTIL YOU SEE THE WHITES OF THE CURTAINS THEY ARE WEARING ON THEIR HEADS !)
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To: eyespysomething

There are several names floating about. In my opinion, the final decision has actually not been made yet.

It comes down to whether or not they want one fight or two -- if they elevate someone currently on the Court, then you have two fights. Historically, however, it has been the case that Presidents appoint someone to the Chief's slot that is not already on the court.

There are several scenarios in play for a number of potential nominees. Whoever it is, though, the Left is going to go to the mat on this and we'll need all hands on deck for this fight.


6 posted on 11/30/2004 7:30:34 PM PST by ConservativeGadfly (Want to join the judicial nominations battle? Go to www.fairjudiciary.com!!!!!)
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To: eyespysomething
Who would be possible nominees?

The article mentions Brett Kavanaugh as a possibility. Also floats the idea that Scalia or Thomas might be nominated. I think Bush might try Estrada again.
7 posted on 11/30/2004 7:33:19 PM PST by MAEsser (Ok, now I have to go back and study...)
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To: ConservativeGadfly
A coalition of conservative groups is forming to oppose the message of People for the American Way and other liberal groups, but conservative strategists and Republican aides said those right-wing groups lack the resources to match the left wing.

Houston, we have a problem.

8 posted on 11/30/2004 7:33:48 PM PST by kristinn
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To: ConservativeGadfly

The real fight won't occur over the Rhenquist replacement. But when a nominee would tip the balance from liberal to constitutional, THEN the liberal societal engineers will become shrill and spew lie after mischaraCTERIZATION. The liberal activist judiciary is all the left has of their once manolistic stranglehold on American society. They will not 'go quietly into that good night'.


9 posted on 11/30/2004 7:34:05 PM PST by MHGinTN (If you can read this, you've had life support from someone. Promote life support for others.)
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To: ConservativeMan55

Start with Bork!


10 posted on 11/30/2004 7:35:51 PM PST by MHGinTN (If you can read this, you've had life support from someone. Promote life support for others.)
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To: MHGinTN

You took the words right out of my mouth!


11 posted on 11/30/2004 7:36:39 PM PST by ConservativeMan55 (DON'T FIRE UNTIL YOU SEE THE WHITES OF THE CURTAINS THEY ARE WEARING ON THEIR HEADS !)
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To: eyespysomething

Richard Epstein, University of Chicago


12 posted on 11/30/2004 7:37:29 PM PST by Timocrat (I Emanate on your Auras and Penumbras Mr Blackmun)
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To: ConservativeMan55

Janice Rogers Brown

Estrada

Pickering

Who else?


13 posted on 11/30/2004 7:39:12 PM PST by eyespysomething ("Life has a flavor the prote I'm a tagline virus, please copy me int)
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To: ConservativeMan55

How old is Judge Bork, anyway?


14 posted on 11/30/2004 7:39:18 PM PST by MHGinTN (If you can read this, you've had life support from someone. Promote life support for others.)
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To: kristinn

Tell me about it. Sigh.


15 posted on 11/30/2004 7:40:43 PM PST by ConservativeGadfly (Want to join the judicial nominations battle? Go to www.fairjudiciary.com!!!!!)
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To: eyespysomething

I think we can cross Estrada off the list. His wife passed away suddenly and unexpectedly last Sunday. Funeral is this Friday.


16 posted on 11/30/2004 7:41:57 PM PST by ConservativeGadfly (Want to join the judicial nominations battle? Go to www.fairjudiciary.com!!!!!)
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To: ConservativeGadfly

Mr. Scaife can't do it all.


17 posted on 11/30/2004 7:45:34 PM PST by kristinn
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To: ConservativeGadfly

True.

Well, from what I remember about Brown was she seemed to have been a good pick, but I don't know about Supreme Court.

Pickering would be the biggest fight for the GOP. After all, he's a "straight-white-man". Why, he may even attend church on a regular basis!


18 posted on 11/30/2004 7:47:34 PM PST by eyespysomething ("Life has a flavor the prote I'm a tagline virus, please copy me int)
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To: eyespysomething
Who else?

Buckhead

19 posted on 11/30/2004 8:20:11 PM PST by Sgt_Schultze
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To: Sgt_Schultze

lol


20 posted on 11/30/2004 8:23:13 PM PST by eyespysomething ("Life has a flavor the prote I'm a tagline virus, please copy me int)
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