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Did Bush promise to appoint a justice like [in the mold of] Scalia? Have we been misled?
Media Matters ^ | October 13, 2005 | - J.F.

Posted on 10/15/2005 3:15:52 PM PDT by Jim Robinson

Did Bush promise to appoint a justice like Scalia? CNN's Bash busted an "urban myth" with a myth of her own, while Fred Barnes changed his story -- then changed it back again

For six years, political figures and interest groups on the left, right, and center, along with reporters and commentators, have noted that during his first presidential campaign, George W. Bush promised to use Supreme Court Justice Antonin Scalia as the model for his nominations to the court. Weekly Standard executive editor Fred Barnes was apparently the first to report this, in a July 1999 article for that magazine. For six years, Barnes and countless others repeated this fact, and neither Bush nor any of his aides seem to have ever challenged it -- in fact, Bush did not contest Al Gore's statement in a 2000 presidential debate that Bush had made such a promise. But in recent months -- when two vacancies gave Bush the opportunity to actually make nominations to the Supreme Court -- an apparent effort to walk back the promise has been under way, with Barnes himself playing a key role through a series of inconsistent statements about his own article.

Most recently, CNN White House correspondent Dana Bash narrated a segment on the October 12 edition of The Situation Room that purported to debunk the "urban myth" that, while campaigning for president, George Bush said that his Supreme Court nominees would be in the mold of Scalia. Bash claimed that the "myth" of Bush's Scalia comments was based on a November 1999 appearance on NBC's Meet the Press in which, as Bash noted, Bush praised Scalia but didn't promise to appoint a justice like him. Bash then said that during a 2000 debate, Gore, Bush's opponent, "connected the dots" -- falsely suggesting that Gore was the first to interpret Bush's Meet the Press comments as a promise to appoint a justice like Scalia. Finally, Bash provided a clue about the source of recent efforts to walk back Bush's promise by stating that "[a] longtime time Bush aide confirms to CNN Mr. Bush didn't actually publicly pledge a Scalia or a [Clarence] Thomas, but they made no effort to clarify."

Contrary to Bash's claim, Bush's Meet the Press appearance was not the original basis for the assertion that Bush promised to appoint a justice in the mold of Scalia. Under the headline "Bush Scalia," Weekly Standard executive editor Fred Barnes wrote in his magazine's July 5-12, 1999, issue:

WHO IS GEORGE W. BUSH'S IDEAL JUDGE, the model for nominees he'd pick for the Supreme Court? Antonin Scalia, that's who. In public comments, of course, Bush has declared his desire, if elected president, to choose judges who interpret the Constitution strictly, and Scalia qualifies on that count. Appointed by President Reagan in 1986, Scalia is one of the most conservative justices on the high court, and is part of the minority that favors overturning Roe v. Wade, the 1973 decision that legalized abortion. But when asked about the kind of judge he would really want, Bush was quite specific. "I have great respect for Justice Scalia," Bush said, "for the strength of his mind, the consistency of his convictions, and the judicial philosophy he defends."

Bush singled out Scalia in response to a written question I submitted to his presidential campaign. Some Bush aides thought he might cite Clarence Thomas, nominated by Bush's father, President Bush, in 1991, as the model for his judicial appointments. Every bit as conservative as Scalia, Thomas would likewise reverse Roe v. Wade. But Thomas is more controversial as a result of sexual harassment charges made against him by Anita Hill. Bush is not an admirer of his father's other nominee, David Souter, now one of the Court's leading liberals.

Barnes stood by his reporting for six years. Media Matters for America can find no example of either Barnes or any Bush aide correcting the July 1999 article through mid-2005. In fact, Barnes has repeatedly reiterated the point that Bush said he'd name a justice like Scalia -- and has done so as recently as this year...

Excerpted, read the rest here: http://mediamatters.org/items/200510130005


TOPICS: News/Current Events; Your Opinion/Questions
KEYWORDS: bush; gwb2004; judicialnominees; miers; scalia; scotus
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To: jstolzen
"This is no "urban myth". He said it at EVERY rally, in EVERY city."

Your completely unsupported statement is factually incorrect. I attended four Bush rallies and NEVER heard him say such a thing. I DID here him say that he would appoint judges who would not legislate from the bench. I never once heard him name anybody he would use as a model.

21 posted on 10/15/2005 3:30:27 PM PDT by Rokke
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To: Killborn
Well, I innocently posted on a reply that Bush had promised a nominee in the mold of a Scalia or Thomas. I was challenged by another poster that he never promised any such thing. Hmmmm... I honestly thought he had, so I've been searching for the last couple days for the quote. Found many references by pundits and writers to the quote, but Google didn't turn up any direct quotes from the president. Stumbled onto this just a little while ago. I know the source is anti-Bush, but if someone can find a transcript with said quote, I'd sure like to see it.

I might add that if Bush didn't say it he should have. I honestly thought he had.

Jim
22 posted on 10/15/2005 3:30:54 PM PDT by Jim Robinson
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To: RobbyS

"Miers is more like Thomas."

Clarence Thomas is a libertarian.

How do you deduce that Miers is "like Thomas" too?


23 posted on 10/15/2005 3:31:12 PM PDT by Frank T
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To: dc-zoo

you just killed a puppy!


24 posted on 10/15/2005 3:31:43 PM PDT by The Red Zone (Florida, the sun-shame state, and Illinois the chicken injun.)
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To: Jim Robinson

Okay, let's say Bush didn't make the promise. Who the HECK is this guy we've worked so hard to elected, then? What brand of "conservative" wouldn't nominate another Scalia or Thomas?


25 posted on 10/15/2005 3:32:11 PM PDT by The Ghost of FReepers Past (The sacrifices of God are a broken and contrite heart. Ps. 51:17)
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To: Killborn
FYI, MM is the left wing version of MRC.

With ties to George Soros.

26 posted on 10/15/2005 3:33:08 PM PDT by COEXERJ145 (Cindy Sheehan, Pat Buchanan, John Conyers, and David Duke Are Just Different Sides of the Same Coin.)
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To: Jim Robinson

Just wanted to make sure everyone is on the same page. I think the best place to look would be the White house site. Proof of what he said would certainly be there.

BTW, once again thank you for this great site and congratulations on the FReepathon. :)


27 posted on 10/15/2005 3:33:22 PM PDT by Killborn (Pres. Bush isn't Pres. Reagan. Then again, Pres. Regan isn't Pres. Washington. God bless them all.)
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To: Congressman Billybob
So he's off the hook. It turns out he was free to nominate justices after the mold of his private secretary and chief suck-up.

But you know, on the basis of the objective evidence of qualifications alone, Miers herself would have never selected . . . herself . . . for the seat.

28 posted on 10/15/2005 3:33:22 PM PDT by JCEccles
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To: Congressman Billybob

Did hearings reveal the truth about Souter, Kennedy, or O'Connor?


29 posted on 10/15/2005 3:33:53 PM PDT by The Ghost of FReepers Past (The sacrifices of God are a broken and contrite heart. Ps. 51:17)
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To: jstolzen
"I was at one of the W pre-election rallies, and heard the line:

"I will appoint justices in the mold of Scalia and Thomas".

This is no 'urban myth'. He said it at EVERY rally, in EVERY city."

Interesting...

Will George H. Bush's quote, "Read my lips -- NO new taxes" now be reassigned "urban myth" status as well?

30 posted on 10/15/2005 3:33:58 PM PDT by F16Fighter
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To: AmishDude

Anyone who has done four semesters of calculus has to respect this, too.


31 posted on 10/15/2005 3:34:05 PM PDT by The Red Zone (Florida, the sun-shame state, and Illinois the chicken injun.)
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To: Killborn
MM is the left wing version of MRC.

Not really. MRC is more thorough, presents long quotes to get full context and is a quality organization. MM focuses on a few "outrages" to get itself in the news.

32 posted on 10/15/2005 3:34:35 PM PDT by AmishDude (If Miers isn't qualified, neither are you and you have no right to complain about any SC decision.)
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To: The Red Zone
Uh, but calculus is usually three semesters!

:)

33 posted on 10/15/2005 3:35:06 PM PDT by AmishDude (If Miers isn't qualified, neither are you and you have no right to complain about any SC decision.)
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To: AmishDude
Miers'? Math.

That'll be real useful.

34 posted on 10/15/2005 3:35:14 PM PDT by JCEccles
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To: JCEccles

you just killed a kitten


35 posted on 10/15/2005 3:35:22 PM PDT by The Red Zone (Florida, the sun-shame state, and Illinois the chicken injun.)
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To: AmishDude

For Engineers, it's four.


36 posted on 10/15/2005 3:35:42 PM PDT by The Red Zone (Florida, the sun-shame state, and Illinois the chicken injun.)
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To: brivette

If she does that, she might just face some Republican opposition. She has to give us an idea who she would be on the bench, while not saying how she might rule on a specific case. If she pulls this off, I'd say President Bush put the wrong one in the CJ post.


37 posted on 10/15/2005 3:35:56 PM PDT by wolfpat (Congress is the only whorehouse in America that loses money.)
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To: Congressman Billybob
EVERY Bush appointment has been an "originalist."

Any that IS what Bush has promised again and again.

38 posted on 10/15/2005 3:36:00 PM PDT by AmericaUnited
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To: COEXERJ145

Correct. Whereas MRC is dedicated to exposing media bias, MM covers it up and say "Liberal media? What liberal media?"


39 posted on 10/15/2005 3:36:57 PM PDT by Killborn (Pres. Bush isn't Pres. Reagan. Then again, Pres. Regan isn't Pres. Washington. God bless them all.)
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To: Jim Robinson

Jim, I believe you'll find that quote in one of Bush's debates with Kerry.


40 posted on 10/15/2005 3:37:14 PM PDT by dc-zoo
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