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Speculation on Second Supreme Nominee Concerns Conservatives

by Bill Fancher
September 8, 2005
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(AgapePress) - President Bush has unnerved some of his conservative and pro-life supporters regarding who he might select as his second nominee to the U.S. Supreme Court. One of those observers says he hopes George W. Bush does better than previous Republican presidents.

On Monday, following the death of Chief Justice William Rehnquist two days earlier, President Bush chose to name John Roberts -- whom he had nominated to replace the retiring Associate Justice Sandra Day O'Connor -- as Rehnquist's replacement. That move caused Roberts' confirmation hearings to be delayed until next Monday. Not surprisingly, the president expected there would lots of speculation regarding who he might nominate to replace O'Connor.

Bush specifically named Attorney General Alberto Gonzales as one name that likely would be tossed around by political pundits. Others thought to be under consideration include Edith Hollan Jones, Priscilla Owen, Emilio Garza, and Michael Luttig. But the mention of Gonzales bothers some of the president's pro-life supporters.

Gary Bauer of the Campaign for Working families admits he has heard talk about Gonzales. "I hope that's idle speculation," Bauer says.

The attorney general is considered to be moderate, especially on social issues. For example, pro-lifers do not think Gonzales would vote to repeal Roe v. Wade, the 1973 Supreme Court ruling that legalized abortion in the United States. But activist Manny Miranda does not appear overly concerned, saying he expects the president to be consistent in his choice.

"He has shown that he has put politics aside, named a conservative in the way that he promised to do, but without faith considerations," Miranda says, "and I expect that he will do the same [this time]."

But Ken Connor of the Center for a Just Society says recent past Republican presidents do not have a good record when it comes to nominations to the high court. As he puts it: "[H]istory is not in our favor."

On the whole, Connor says, GOP presidents have made poor choices that often have resulted in putting liberal activist judges on the bench. "Eisenhower, you'll recall, nominated Earl Warren; Nixon, Harry Blackmun; Mr. Reagan gave us Justice O'Connor and Justice Kennedy. [And] George Bush, Sr. gave us Justice Souter," he says.

The president, says Connor, now has a chance to change the Republican record when it comes to filling Supreme Court vacancies. But "... to get it right will require some serious and careful review and consultation by the president," he cautions, "and a real commitment to his campaign promises to appoint strict constructionists who will construe the Constitution in accordance with its original intent."

The White House may hold off on announcing its second nominee until after Roberts' hearings begin next week.


Bill Fancher, a regular contributor to AgapePress, is a reporter for American Family Radio News, which can be heard online.

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