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Filibuster Seen Unlikely for Top Court Nominee

Posted on: Tuesday, 12 July 2005, 15:00 CDT

WASHINGTON -- Sen. Harry Reid of Nevada, the Democratic leader, said Monday that he did not foresee a filibuster against President Bush's choice for the Supreme Court but warned that Democrats would not hesitate to slow the confirmation if they found the process or the nominee objectionable.

"I don't anticipate a filibuster, but I am not going to shy away from making sure that we have adequate time to explain our position," Reid said as Senate leaders from both parties prepared to meet with Bush on this morning to discuss the vacancy.

Reid also said Democrats would try to cooperate in complying with the president's request that the seat being vacated by Justice Sandra Day O'Connor be filled by Oct. 1. But he pointed out that O'Connor has agreed to remain on the court until her replacement is confirmed and that only six justices are needed for a quorum.

Reid's comments to reporters were part of the political maneuvering over the vacancy that accelerated as Congress returned from its Fourth of July recess, bringing lawmakers together for the first time since O'Connor announced her intention to retire.

At the White House, spokesman Scott McClellan portrayed today's breakfast meeting between the president and four Senate leaders as just one aspect of the administration's efforts to seek the thoughts of most senators both before and after a nomination is made.

"The president is not prejudging anything," McClellan said of the meeting. "He wants to hear what their views are and hear what they have to say as we move forward on a Supreme Court nominee."

In light of speculation about the possible retirement of Chief Justice William H. Rehnquist or other members of the court, McClellan said the administration was "prepared for additional vacancies if they should occur."

In addition to Reid, those scheduled to attend the White House meeting are Sen. Bill Frist of Tennessee, the Republican leader; Sen. Arlen Specter, R-Pa., the chairman of the Judiciary Committee; and Sen. Patrick J. Leahy of Vermont, the senior Democrat on the committee.

Frist said he intended to use the session to "urge my Democratic colleagues to keep overzealous outside interest groups at bay and not allow them to turn this nomination process into a circus."

"The nation deserves better," Frist said in a statement. "We should work toward a dignified hearing process that allows opportunity for fair questioning but moves toward confirmation -- not confrontation."

McClellan said the president would welcome nominee suggestions from lawmakers, but did not say whether the president intended to share the identities of prospective candidates with the lawmakers. Reid and other Democrats have suggested that the president do so, to weed out potential candidates who could stir strong opposition.

But Specter said he did not think Bush would provide a list of candidates. "Do I expect the president to give specific names to the four of us? No," Specter said. "I expect the president to give us a name when he is ready."

Reid said he would not consider the Tuesday session a failure if the president did not discuss individual candidates with the lawmakers. But he said any names should come from the White House because Democratic interest in an individual could lower support among Republicans. Reid said he also saw the meeting as an opportunity to establish ground rules on both sides.

"I want to have some idea of what he expects from us and give us an idea of what we can expect to see from him," Reid said.

Members of both parties say the outreach by the White House on the court opening has been impressive, but Republicans were quick to point out that it is voluntary.

"They are reaching out, both to Republicans and Democrats," said Sen. Charles E. Grassley of Iowa, a senior Republican on the Judiciary Committee. "And I think it's nice that they do, although the Constitution doesn't require that." He suggested that the president solicit either names of candidates or characteristics that lawmakers would like to see in a nominee.

"And who knows?" Grassley said in an interview on MSNBC. "Out of a meeting like that may come some new names that haven't popped up yet."

Specter said he thought practical matters like the scheduling of hearings could be addressed at the White House session. Lawmakers and senior aides say confirmation hearings are not likely to begin before Sept. 6, when Congress is scheduled to return from its August recess.

Specter said that he is remaining flexible and that the timetable will ultimately be determined by when the nomination is made.

Leahy joined Reid in expressing the view that the Senate should move deliberately. He said he personally intended to read all of the decisions and speeches of any nominee if the candidate is a sitting judge.

"I don't want to hurry the president into a precipitous choice," Leahy said, "but I don't want the Senate to be hurried into a precipitous decision."

Source: Deseret News (Salt Lake City)

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