Replies

fwiw, here is the transcript that generated the AP story:

> November 3, 2004
> Transcript
>
>
> JORDAN: Senator, you didn't talk about the Judiciary
> Committee, it is something you are expected to Chair this January.
> With 3 Supreme Court Justices rumored to retire soon, starting with
> Rehnquist, how do you see this unfolding in the next couple of months
> and what part do you intend to play on it?
>
> SPECTER: You know my approach is cautious with respect to
> the Judiciary Committee. I am in line, Senator Hatch is barred now by
> term limits and Senate Rules so that I am next in line. There has to
> be a vote of the Committee and I have already started to talk to some
> of my fellow committee members. I am respectful of Senate traditions,
> so I am not designating myself Chairman, I will wait for the Senate
> procedures to act in do course. You are right on the substance, the
> Chief Justice is gravely ill. I had known more about that than had
> appeared in the media. When he said he was going to be back on
> Monday, it was known inside that he was not going to be back on
> Monday. The full extent of his full incapacitation is really not
> known, I believe there will be cause for deliberation by the
> President. The Constitution has a clause called advise and consent,
> the advise part is traditionally not paid a whole lot of attention to,
> I wouldn't quite say ignored, but close to that. My hope that the
> Senate will be more involved in expressing our views. We start off
> with the basic fact that the Democrats are have filibustered and
> expect them to filibuster if the nominees are not within the broad
> range of acceptability. I think there is a very broad range of
> Presidential Discretion but there is a range.
>
> ODOM: Is Mr. Bush, he just won the election, even with
> the popular vote as well. If he wants anti-abortion judges up there,
> you are caught in the middle of it what are you going to do? The
> party is going one way and you are saying this.
>
> SPECTER: When you talk about judges who would change the
> right of a woman to choose, overturn Roe v Wade, I think that is
> unlikely. And I have said that bluntly during the course of the
> campaign and before. When the Inquirer endorsed me, they quoted my
> statement that Roe v Wade was inviolate. And that 1973 decision,
> which has been in effect now for 33 years, was buttressed by the 1992
> decision, written by three Republican justices-O'Conner, Souter, and
> Kennedy-and nobody can doubt Anthony Kennedy's conservativism or
> pro-life position, but that's the fabric of the country. Nobody can be
> confirmed today who didn't agree with Brown v. Board of Education on
> integration, and I believe that while you traditionally do not ask a
> nominee how they're going to decide a specific case, there's a
> doctorate and a fancy label term, stari decisis, precedent which I
> think protects that issue. That is my view, now, before, and always.
>
>
> ODOM: You are saying the President should not bother
> to send somebody up there like that.
>
> SPECTER: Can't hear you
>
> ODOM: You are saying the President should not bother
> or make the move to send somebody up there who is clearly
> anti-abortion.
>
> SPECTER: I don't want to prejudge what the President is
> going to do. But the President is well aware of what happened when a
> number of his nominees were sent up, were filibustered, and the
> President has said he is not going to impose a litmus test, he faced
> that issue squarely in the third debate and I would not expect the
> President, I would expect the President to be mindful of the
> considerations that I mentioned.
>
> JORDAN: However, Senator the President has President has sent
> up, as you know, a number of very very conservative judges socially,
> you have made a point in this campaign of saying that you have
> supported all of those ______ at least I the last two years, how is
> this going to square with what you are saying today about wanting the
> Republican party to be big tent and moderate.
>
> SPECTER: I have been very careful in what I have said and
> what I have done. The nominees whom I supported in Committee, I had
> reservations on. As for judge Pryor, there had been an issue as to
> whether as Attorney General he had raised money, I said in voting him
> out of committee, that he did not have my vote on the floor until I
> satisfied myself about collateral matters. The woman judge out of
> California, who had dismissed a case on invasion of privacy where the
> doctor had permitted an insurance adjuster to watch a mammogram, I had
> a reservation on it, so I wanted to talk to her to see if that was
> aberrational or whether that really reflected her judgment on each and
> every one of those cases. This may be more detail than you want, but
> there was one judge for a district judgeship, Judge Holmes, in
> Arkansas, who was first in his class at the University of Arkansas,
> had a PhD from Duke, had a master's degree, was touted by both
> Democratic Arkansas Senators, was supported by 2 pro-choice women,
> Senator Landrieu and Senator Lincoln, highly regarded in the Arkansas
> editorial pages, and for a district court judgeship I thought. He had
> made two statements, and they were, one was in a religious context
> that a wife should be subservient to a husband, that was in a
> religious context. Then he made a statement doubting the potential
> for impregnation from rape, and made an absurd statement that it would
> be as rare as snow in Florida in July. That was about a 20 year-old
> statement and I brought him in and sat down, had a long talk with him
> and concluded that they were not disqualifiers. He was the only judge
> whom I voted to confirm on the floor vote where any question has been
> raised and I think that was the right decision for a district court
> judgeship, not to make that a disqualifier. There are few if any
> whose record if you go back over 30 or 40 years, and not find some
> dumb thing, I don't want you to take a to close a look at my 40 year
> record.
>
> HIGHSMITH: Talk to us a little bit beyond judgeships, you
> said again today and last night that your goal now is to moderate the
> party, bring it to the center.
>
> SPECTER: Correct
>
> [BREAK-Bringing the Country Together Question]
>
> [BREAK-Stem Cell Question]
>
> MACINTOSH: What are the characteristics that you are
> looking for in any candidate for the high court who might come your
> way in the next year or two?
>
> SPECTER: Well I would like to see a select someone in the
> mold of Holmes, Brandeis, Cardozo, or Marshall. With all due respect
> to the U.S. Supreme Court, we don't have one. And I haven't minced
> any words about that during the confirmation process.
>
> MACINTOSH: Meaning?
>
> SPECTER: Where I have questioned them all very closely.
> I had an argument before the Supreme Court of the United States on
> trying to keep the Navy base, and you should heard what the eight of
> them had to say to me. They were almost as tough as this gang here
> this morning.
>
> ODOM: Senator, the judges you mentioned are obviously
> renown. Are you saying that there are no greatness on there, is that
> what you're driving at?
>
> SPECTER: Yes. Can you take yes for an answer Vernon?
> I'm saying that we don't have anybody of the stature of Oliver Wendell
> Holmes, or Willy Brandeis, or Cardozo, or Marshall. That's what I'm
> saying. I'm saying that we have a court which they're graduates from
> the Court of Appeals from the District of Columbia basically, some
> other Circuit Courts of Appeals. I think that we could use, and I am
> repeating myself again, a Holmes or a Brandeis.
>
> ODOM: Would you resign to take the appointment?
> You're the only person I can think of?
>
> SPECTER: I can think of quite a few other people.
>
> JORDAN: Like who?
>
> SPECTER: I think there's some possibility, just a slight
> possibility, I may not be offered the appointment.
>
> JORDAN: Senator, who do you think would be a good candidate?
>
> SPECTER: For the Supreme Court?
>
> JORDAN: Yes.
>
> SPECTER: I have some ideas but I'm going to withhold my
> comments. If, as, and when the President asks that question, Lara,
> I'll have some specific information for him. In the alternative, if
> you become President, I'll have it for you.
>
> [BREAK-Election 2010 question]
>
> [BREAK-Iraq questions]
>
> Jordan: Do you expect to continue supporting all of
> President Bush's judicial nominees?
>
> AS: I am hopeful that I'll be able to do that. That
> obviously depends upon the President's judicial nominees. I'm hopeful
> that I can support them.
>
> [BREAK-Election question]
>
> [End Press Conference]