WSJ: No More Souters -- The legacy of previous GOP Supreme Court picks.

opinionjournal.com ^ | July 19, 2005 | Editorial

[OESY]

As President Bush contemplates his Supreme Court nominee, one fact to keep in mind is that seven of the nine current Justices were appointed by Republican Presidents. If you want to understand why many of Mr. Bush's supporters are worried that he might nominate Attorney General Alberto Gonzales, this is the reason.

The objection isn't personal, and it isn't even about what Mr. Gonzales thinks; the concern is that virtually no oneknows what he thinks. Mr. Gonzales's brief tenure on the Texas Supreme Court and his behind-closed-doors advice as chief White House counsel shed little light on what his judicial philosophy would be. And the record across recent decades is that justices who join the High Court without a clear and confident jurisprudence eventually become part of what has been a longstanding liberal majority....

Most Senate Democrats are likely to fight any conservative nominee, no matter how distinguished, because they recall that after defeating two of Nixon's nominees (Haynsworth and Carswell) they got Blackmun, and after stopping Judge Bork and Douglas Ginsburg, they got Justice Kennedy. Mr. Bush probably can't avoid a fight unless he abandons the voters who elected him. The fortunate news for Mr. Bush is that there are plenty of supremely qualified potential nominees. His wife, Laura, says he should pick a woman, and (unlike 25 years ago) there are plenty of distinguished female candidates around. One such is Edith Jones, of the Fifth Circuit, who was reportedly runner-up when the first President Bush chose Mr. Souter. Choosing her would be a pleasant historical irony.

But the larger goal should be to pick someone who has the intellectual conviction and firepower to help restore the High Court to its more restrained historical role....

[Colonel Kangaroo]

We've almost 20 years overdue for a Robert Bork. No compromise this time.

[Rutles4Ever]

I'm still betting Luttig or Roberts for this vacancy, then Priscilla Owen for Rehnquist and Chief Justice. The Democrats will not have an easy time filibustering the first female Chief Justice of the Supreme Court.

[advance_copy]

Wow, great editorial from the WSJ.

[Milhous]

We wound up with a liberal court containing 7 Republican appointees because until recently, Republican Presidents merely got to pick appointees acceptable to a Democrat Senate. It will be an interesting day when a Republican Senate "Borks" a nominee for being too liberal.

[JZelle]

Prepare for the usual letdown. Sorry, I just can't get my hopes up.

[beyond the sea]

No More Souters

Just Desserts

;-)

[beyond the sea]

F. Lee Levin.............. that's the ticket, G.W.

[JLS]

I think Garza would be the man for this vacancy.

[reelfoot]

Good article. The problem, in part, seems to me to not only be that Republican presidents have by and large chosen "moderate" nominees to grease the skids for Senate approval, but have also apparently failed to properly vett their candidates. Otherwise, how can we explain that Presidents later say they are "surprised" at how Justice X turned out. Evidently, the candidates were not closely grilled on far-ranging decisions and doctrines, otherwise there would be no excuse for surprise. I'm not saying a judicial nominee might not reverse course on the high bench, but I think it's unlikely when they have already reached that stage in their life. By then, they have a well-formed judicial philosophy. Past Republican presidents apparently have not worked too hard to find out what that philosophy was.

The candidates should be grilled to see where they stand on abortion, state sovereignty, gun rights, affirmative action, the commerce clause, the general welfare clause, applying foreign law to America, and a whole host of other issues.

Pres. Bush has disappointed conservatives time and again but has a chance to redeem himself with his S.C. nominees. We will soon see if he will.

[jordan8]

Mr. Bush probably can't avoid a fight unless he abandons the voters who elected him.

Itch between your shoulder blades, anyone?