by TChris

Poor Arlen.

Perhaps more than any other senator, Mr. Specter will be the pivotal figure as he tries to manage his bitterly divided committee, his own uneasy relationship with the White House and the intense pressure that is already bearing down on him from both the left and right at a time when both sides are deeply suspicious of him.

Senator Specter (the chair of the Senate Judiciary Committee) fears the power of his party's right wing, but he knows his constituents don't want him to support an extreme nominee. Hoping to avert an ugly battle before his committee, Specter has asked the president to meet with a Senate team of Democrats and Republicans--Frist, Reid, Leahy, and Specter--to work toward a consensus nominee. That notion enjoys wide support, but seeking a consensus hasn't been the president's management style.

by TChris

Just as the moderately conservative Justice O'Connor is viewed as a lefty by some extremists, the more conservative Alberto Gonzales is viewed by many in the right wing as too liberal to sit on the Supreme Court.

Within hours after Justice Sandra Day O'Connor's announced retirement from the Supreme Court, members of conservative groups around the country convened in five national conference calls in which, participants said, they shared one big concern: heading off any effort by President Bush to nominate his attorney general, Alberto R. Gonzales to replace her.

The right wing base that kept Bush in office intends to call in its chips.

Paul M. Weyrich, a veteran conservative organizer and chairman of the Free Congress Foundation, said he had told administration officials that nominating Mr. Gonzales, whose views on abortion are considered suspect by religious conservatives, would fracture the president's conservative backers.

by TChris

Few would characterize Justice O'Connor as a liberal -- it might be a bit of a stretch even to label her a moderate, although the label fits when she's compared to some other members of the federal judiciary -- but she was too far to the left for Reverend Flip Benham, Director of Operation Save America, who is happy to see her go:

"Although we applaud her decision to step down and care for her ailing husband, her 'swing-vote' status on the Supreme Court over the issues of abortion and homosexual rights wrought more havoc upon our nation than our foreign enemies ever have."

All but branding Justice O'Connor as a terrorist is over the top, even for right wing extremists, but those are the folks President Bush will likely try to appease when he nominates her replacement. Frightening times lie ahead.

Bump and Update: This just in from Senator Kennedy's office:

I also wanted to do a follow-up on Jeralyn's question regarding [Judge Edward] Prado - the Senator mis-spoke when he said he opposed Prado, specifically on civil rights. Senator Kennedy does not have a negative opinion of Prado. His statement on opposing Prado, specifically on civil rights, was a mis-statement.

See below for context.

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Original Post:

We had a blogger conference call with Senator Edward Kennedy today. After commending Justice O'Connor for her service, the key points he made were these:

by TChris

Over the next several days, many lists of potential Supreme Court nominees will be compiled. Here's the AP's. The speculative fun should end soon, as President Bush says he'll announce his nominee "in a timely manner"--although the White House expects him to take at least a week to make his decision known.

We knew it wouldn't be long...James Dobson of Focus on the Family has issued this press release on Sandra Day O'Connor's retirement and a replacement candidate.

"Today marks a watershed moment in American history: the resignation of a swing-vote justice on the Supreme Court and the opportunity to change the Court’s direction. The rulings by the Court this June, particularly the schizophrenic decisions on the 10 Commandments cases, have once again demonstrated the desperate need for justices who will interpret the Constitution as it was written, not as the latest fads of legal theorists dictate.

"President Bush must nominate someone whose judicial philosophy is crystal clear. And no one has been clearer about this than the President himself, who said during his campaign that he would appoint justices in the mold of Clarence Thomas or Antonin Scalia. We have full confidence that he will carry out that pledge."

Crooks and Liars has the video of rejected Justice nominee Robert Bork on CNN today blasting Justice Sandra Day O'Connor's record.

DNC Chair Howard Dean issued this press release today. Here's a portion:

President Bush should follow the example established by President Reagan when he nominated Justice O'Connor. President Reagan had the courage to stand up to the right wing extremists in his party by choosing a moderate, thoughtful jurist.

"A President faces no more important decision in terms of protecting the rights and liberties of all Americans than nominating a Supreme Court Justice. President Bush has a constitutional responsibility to do what presidents before him have done -- seek the advice of senators from both parties before making a nomination, and choose a mainstream nominee who will protect our most important rights and freedoms.

"Democrats hope this process can be one of consensus, rather than confrontation, but that will be up to President Bush."

Received from Progress Now, and I agree:

As you read this, James Dobson and the conservative social warriors are marshalling their forces and raising the money to sustain their fight. They've waited over thirty years since Roe v. Wade for this opportunity, and they are determined to see President Bush pack the Supreme Court.

We know that President Bush will nominate a radical right judge. We know that Republican Senate leadership will push for confirmation. And we know this will likely come down to a vote on invoking the "nuclear option" to circumvent the confirmation process.

We cannot allow James Dobson to drown out our voices. We need your involvement and support to apply constant pressure and help moderate senators like Ken Salazar stand against the tyranny of the right.

Great sources for news and other coverage of Justice O'Connor's retirement and replacement

• How Appealing
• Scotus Blog

We need a moderate to replace Justice O'Connor. She has been the critical moderate voice in deciding close cases. Like O’Connor, Judge Prado is a moderate. He is fair-minded and independent.

Justice O’Connor was an histroric nominee – the first woman on the Supreme Court. Judge Prado would also be an historic nominee – the first Hispanic Supreme Court Justice.

If Bush chooses a radical right or extremist candidate, he will be in for a huge fight. He can avoid this. The best consensus choice would be 5th Circuit Appeals Court Justice Ed Prado. President Bush nominated him for the 5th Circuit and he was overwhelmingly approved (97 to 0.) He's been on the federal bench since Reagan appointed him to the Distict Court in 1984.

Please check out Draft Ed Prado.

PFAW provides this list of Supreme Court decisions in which Sandra Day O'Connor was the swing vote:

Key 5-4 rulings in which Sandra Day O’Connor was decisive

Sandra Day O’Connor has been the deciding vote in many important Supreme Court decisions affecting civil rights, environmental protection, personal privacy, voting rights, protection against discrimination, and more. If she is replaced by someone who doesn’t share her fair and impartial perspective, these are among the key 5-4 decisions in danger of being overturned: