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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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Have we been misled, and if so, by whom?
1 posted on 10/15/2005 3:15:54 PM PDT by Jim Robinson
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To: Jim Robinson

Another urban legend digged out, I guess. Looks like it first caromed off of no less than Gore himself.


2 posted on 10/15/2005 3:20:46 PM PDT by The Red Zone (Florida, the sun-shame state, and Illinois the chicken injun.)
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To: Jim Robinson

P.S. Bash... whatta name for a commentator


3 posted on 10/15/2005 3:21:37 PM PDT by The Red Zone (Florida, the sun-shame state, and Illinois the chicken injun.)
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To: Jim Robinson

I believe we have been misled. I have been asking and searching for any evidence that Bush ever "promised to appoint judges in the mold of Scalia and Thomas." To date nothing has turned up. Bush has very clearly stated several times what he looks for in a nominee to the bench. I don't believe he has ever said his nominee's would be in the mold of Thomas or Scalia.


4 posted on 10/15/2005 3:22:16 PM PDT by Rokke
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To: Jim Robinson
The important point is not what any pundits say, now or then. It is what the President has done with judicial nominations, then and now. Other than two holdover Clinton judges who were part of an unfortunate bargain with Michigan Democrat Senators, EVERY Bush appointment has been an "originalist."

John Roberts said he would be the same, and his prior decisions who he means it. I suggest, as many others have said, to wait for the hearings on Miers to see whether she is in the Scalia-Thomas mold.

Congressman Billybob

Latest column: "Racially-Based, Academic Nonsense"

5 posted on 10/15/2005 3:22:43 PM PDT by Congressman Billybob (Quoted by Rush, again, this Thursday. Hoohah.)
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To: Jim Robinson
Thank you! I've been trying to find the original quote for the last week and came up with nothing but other quotes that claim he made the promise.

Of course we've been misled. By the media, who wanted to use it as a point against the President. By the pundits who ran with it because they wanted to believe it and by the WH who didn't deny the claim because it suited their purpose as well.

6 posted on 10/15/2005 3:24:35 PM PDT by jess35
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To: Jim Robinson

>>>Have we been misled, and if so, by whom?

Yes, and the media.

And we're also being mislead by certain conservatives who are p*ssed that Bush has not appointed a conservatvie version of Souter.


7 posted on 10/15/2005 3:24:40 PM PDT by Keith in Iowa (Liberals - Stuck on Stupid.)
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To: Jim Robinson

Jim, I'm amused by the source. I'm not discounting the article, you understand. I'm just amused by where it's coming from.


8 posted on 10/15/2005 3:25:09 PM PDT by RichInOC ("Bother", said Pooh, as Mark Morford licked David Brock's kneecaps.)
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To: All

FYI, MM is the left wing version of MRC. Large grains of salt advised.


9 posted on 10/15/2005 3:25:13 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

It looks like we mislead ourselves. We heard what we wanted to hear.

I'm am very thankful that Bush is our President and not Gore or Kerry, even if our vote was based on our misunderstanding of Bush's appreciation of Scalia and Thomas as a promise to appoint SCOTUS justices in their mold.


10 posted on 10/15/2005 3:26:05 PM PDT by colorcountry (George W. Bush... Saving your ass whether you like it or not!)
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To: Jim Robinson

I think it's unfair to prejudge this woman before she has a fair hearing. The kind of vitriolic insults she has suffered in the past two weeks is disgraceful IMO.


11 posted on 10/15/2005 3:26:07 PM PDT by dc-zoo
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To: Jim Robinson

PLEASE tell me this is satire, and I missed that fact.

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".

The crowd, of course, went nuts.

But, was he just telling us what we wanted to hear? Was Dubya - gasp! - just another Politician playing to the crowd? (Yup).

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

Man, the backpedalling by this administration is sickening. If I didn't know better, I'd swear that "Slick Willy" was back in office..("depends on what you mean by the word 'IS'"). Guess we're now debating.."depends on what you mean by 'in the mold of'".

Sickening.


12 posted on 10/15/2005 3:26:31 PM PDT by jstolzen (All it takes for the triumph of evil is for good men to do nothing - Edmund Burke)
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To: Jim Robinson

Or Thomas, right? I think that Scalia himself has said that he probably couldn't get confirmed today. Miers is more like Thomas.


13 posted on 10/15/2005 3:26:59 PM PDT by RobbyS ( CHIRHO)
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To: Jim Robinson

And damn the torpedoes...flank speed ahead to the hearings.


14 posted on 10/15/2005 3:27:18 PM PDT by RichInOC (Two-block the Jolly Roger. Set Condition 1SQ. Spin up all missiles. This is not a drill. Arghhhhh...)
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To: Congressman Billybob

Waiting for the hearings is, IMHO, pointless. Miers will no doubt adopt the Ginsburg strategy, leaving many unanswered questions on her positions.


15 posted on 10/15/2005 3:27:19 PM PDT by brivette
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To: Jim Robinson
>>>>Have we been misled, and if so, by whom?

At the time he was nominated, I said John Roberts is no Antonin Scalia. The same can be said for Harreit Miers. There has been endless speculation as to why PresBush nominated Roberts and Miers. For the most part, Bush`s nominees to the lower courts have been made up of solid conservatives. I don't believe Bush has misled conservatives. That would be a foolish move and Bush isn't a foolish person. It's obvious that the political environment in WashDC and personal circumstances of possible nominees have played a big factor in exactly who Bush was willing to go with. While Bush hasn't been the conservative, that most conservatives wanted, we need to respect his judgement on both Roberts and Miers and hope for the best.

16 posted on 10/15/2005 3:27:20 PM PDT by Reagan Man (Secure our borders;punish employers who hire illegals;stop all welfare to illegals)
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To: Jim Robinson
If there's any misleading it's being done by CNN.
I believe the God-less Left, and this includes a majority in the media, are not comfortable (to put it mildly) with Harriet being an Evangelical Christian.
17 posted on 10/15/2005 3:27:30 PM PDT by jla
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To: Jim Robinson
Jim,

I find it amazing that Media Matters can write so much about so little.

18 posted on 10/15/2005 3:27:51 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: Jim Robinson

I don't know, Jim, but I do know the Pres said "strict constructionist" was his target. I've heard that more than once and can remember how the president pronounces constructionist.

In any case, even if he did say Scalia, he knows Miers and we don't, so she might well be both a constructionist and a Scalia wannabe.

He didn't promise that we'd be able to prove it to every nitpickin' critic in America prior to the nominee getting to say a word or two in his/her own defense.


19 posted on 10/15/2005 3:29:02 PM PDT by xzins (Retired Army Chaplain and Proud of It!)
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To: Reagan Man
The same can be said for Harreit[sic] Miers.

You're right. She's smarter than he is. Scalia's major was history. Miers'? Math.

20 posted on 10/15/2005 3:29:29 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: 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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To: Congressman Billybob
I suggest, as many others have said, to wait for the hearings on Miers to see whether she is in the Scalia-Thomas mold.

The Bush haters and knee-jerk reactionaries don't care about the hearings. Their minds were made up ahead of time, most probably before the nomination was announced.

41 posted on 10/15/2005 3:37:17 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: jstolzen
He said it at EVERY rally, in EVERY city.

No, actually he did not say it at EVERY rally in EVERY city.

42 posted on 10/15/2005 3:37:21 PM PDT by jess35
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To: Jim Robinson

I think it's more important that SC justices be strict constructionists who won't legislate from the bench than that they be clones of any individual person.


43 posted on 10/15/2005 3:37:33 PM PDT by alnick
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To: Rokke; jstolzen
"Your completely unsupported statement is factually incorrect. I attended four Bush rallies and NEVER heard him say such a thing."

Do either of you recall the exact dates and places you respectively attended Bush rallies?

44 posted on 10/15/2005 3:37:34 PM PDT by F16Fighter
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To: Jim Robinson

I'm no expert on Miers, but there some fairly important people out there who are less than enthused with this selection.

In general, I would say that it would have been far better for a person to have been nominated that the conservatives could join in unity behind. The herding cats theory aside, a majority of conservatives should be able to back this president's selection. Other than the die-hard Bush supporter, I'm not getting the impression that conservatives are behind this appointment.

The long term conservative position has been that if no other reasion existed, Bush was most importantly going to change the makeup of the court. He was going to appoint rock solid conservatives to the SCOTUS.

I don't have to be an expert to question whether Miers is a rock solid conservative. I just don't get that impression, when confronted with her past. Her past legal and political activities are about all we have to go on, since she has not been prolific and hasn't sat as a judge.

Have we been misled. If the president truly thinks she's conservative, no. Have we been let down? Possibly so.

I cannot support Miers' nomination over a number of folks out there with proven track records. Miers is who Bush chose for the SCOTUS. I am fairly confident he will push this nomination as far as he can. I would think less of him if he didn't.

I do not think this will wind up well, but I've been wrong before.

For the superlative things that Bush as done as President, it's sad to know that at this point in time, his minuses are poised to be every bit as prominent as his pluses.

If Harriet Miers turns out to be another Souter, President Bush will have missed what some thought was his one true calling.

The left is on a rampage judicialy. What they couldn't accomplish at the polls, the are trying to achieve by judicial fiat. The SCOTUS is our last defense against that. Failing to make it as sound with regard to Constitutional law as it could be, could well be fatal to a number of the issues conservatives hold dear.


45 posted on 10/15/2005 3:37:42 PM PDT by DoughtyOne
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To: The Red Zone
Do you suppose she'll use differential equations to cogitate a landmark decision on the constitutionality of hate crimes legislation?
46 posted on 10/15/2005 3:38:13 PM PDT by JCEccles
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Comment #47 Removed by Moderator

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".
Then you should be able to search up some video of the rally that you attended, or any of Bush's rallies, to support your statement. This is too important for us to rely on anyone's memory.
48 posted on 10/15/2005 3:38:21 PM PDT by Clara Lou
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To: AmishDude

One of the thing I remmebered about MM is it's fallacious "proof" that Hannity and Colmes is right biased because each episode Hannity say more words on average than Colmes.

Sure, that's an excellent way to measure bias..


49 posted on 10/15/2005 3:39:03 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: The Red Zone

You're probably counting Differential Equations, which many of us don't consider to be calculus per se. But the math major does much more. Calculus is barely a speck.


50 posted on 10/15/2005 3:40:03 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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