Senate leaders, Bush discuss nominees for second high court seat

Benjamin Grove

Wednesday, Sept. 21, 2005 | 11:03 a.m.

WASHINGTON -- With Senate approval of Supreme Court nominee John Roberts virtually assured, Senate Minority Leader Harry Reid and President Bush today turned their attention to the next nominee.

Reid, D-Nev., said about a dozen names were discussed by Senate leaders and Bush at a White House breakfast today. The leaders did not disclose names. When asked if the discussion included nominees who would be unacceptable to Democrats, Reid said it did, but he did not elaborate.

"It was mainly our suggesting names to him and talking about names to him," Reid said. "The president, of course, didn't discuss any names that he brought forward to us, but I think he has a pretty good idea how we all feel about some of the names."

On Tuesday, Reid said that Bush should not nominate one of the 10 appellate court nominees that the Senate had previously rejected. That would be like a "poke in the eye with a sharp stick," Reid said. Among the 10 are Priscilla Owen and Janice Rogers Brown, who have been mentioned as potential nominees for the Supreme Court.

Senate Minority Leader Bill Frist, R-Tenn., said Bush could nominate someone for the seat of retiring Justice Sandra Day O'Connor "hopefully within the next 10 days or so." On that timetable, a nominee could be confirmed by Thanksgiving, Frist said.

Senate Judiciary Committee Chairman Arlen Specter, R-Pa., said he had suggested to Bush at the meeting that he wait to nominate someone until next year, after the nation had a chance to see what kind of justice Roberts really was. Reid, too, suggested delaying action given the busy Senate agenda. But Bush was non-committal, Specter said.

Bush's "body language was not very positive," Specter said.

Sen. Patrick Leahy, D-Vt., the top Democrat on the Judiciary Committee, said he urged Bush to choose a nominee who was not a lightning rod for controversy. He suggested that Bush consider minority and women nominees, and also non-judges, people "outside the judicial monastery."

Roberts is expected to be confirmed easily, the Senate leaders agreed.

"But the next one (nominee) is the one everybody worries about," Leahy said. "I urge the president to be a uniter not a divider."

Reid on Tuesday said the president "shouldn't take anything for granted" in his next pick. Reid hinted that the next nominee could face tougher confirmation hearings.

"No one should think just automatically that they're going to be easy like this one," Reid told reporters gathered in his Capitol office.

The Senate Judiciary Committee is expected to vote on Roberts to replace Chief Justice William Rehnquist on Thursday, with a full Senate vote likely next week.

Reid on Tuesday announced that he would oppose Roberts because he still had concerns about his views on civil rights and women's rights. Reid said he did not pressure Democrats to join him in opposition, freeing them to "vote their conscience."

When asked if he had chosen not to pressure his colleagues because he might need to rally them against the next nominee, Reid responded, "Never can tell."

It was not clear whether Reid, in announcing opposition to Roberts, was sending Bush a message about the next nominee.

Reid said his decision was based on Roberts' memos and his nomination hearings. The Nevada senator said he was influenced by opposition from civil rights leaders, including Rep. John Lewis, D-Ga. Reid said Roberts declined to acknowledge that some of his legal writings had been insensitive.

Reid said he reached his decision Monday and was the first Democrat to announce a position on the nominee. He said it was not an easy decision but "it wasn't the most difficult in my life, by a long shot."

"I'm not too sure if his heart is as big as his head," Reid said.

The rest of the Senate Democrats must now choose whether to follow Reid. Leahy and Sens. Ben Nelson, D-Neb., and Max Baucus, D-Mt., indicated they would support Roberts. Sen. Edward Kennedy, D-Mass, said he would oppose Roberts.

Sen. John Ensign, R-Nev., said it was a mistake for Democrats to oppose Roberts.

"If this guy is not qualified to be on the Supreme Court, then I don't know who is," Ensign said. "Ruth Bader Ginsburg, as radically liberal as she is, she was qualified. She got 96 votes. Judge Roberts is more qualified than she is."

Specter said he respected Reid's decision. "I don't agree with it, but I respect it," Specter said.

Nevada Republican Party Chairwoman Earlene Forsythe blasted Reid.

"This was a real opportunity for Harry Reid to push back on the far left agenda that is plaguing the Democrat Party, but the minority leader has proven yet again that the Howard Dean, MoveOn.org wing controls the agenda," she said in a written statement.