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Old 07-19-2005, 01:22 PM   #36 (permalink)
Elphaba
Deja Moo
 
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Location: Olympic Peninsula, WA
This should get Rove off of the front pages:

WASHINGTON (CNN) -- President Bush will announce his pick to replace Justice Sandra Day O'Connor on the Supreme Court at 9 p.m. Tuesday, said White House press secretary Scott McClellan.

Bush said at a midday news conference that he has considered a variety of people, and "I'll let you know when I'm ready to tell you who it is."

"I do have a obligation to think about people from different backgrounds but who share the same philosophy -- people who will not legislate from the bench," he said. "That's what I told the people when I ran for president."

O'Connor, 75, was the first woman appointed as a Supreme Court justice, and has served on the court since 1981.

Her replacement must be confirmed by the Senate, and senators have braced for a battle since she announced her retirement July 1.

Speculation about a replacement focused Tuesday on another woman: Edith Clement, a judge on the 5th U.S. Circuit Court of Appeals, based in New Orleans, Louisiana.

Other names mentioned as a possible candidate include Attorney General Alberto Gonzales, Bush's former legal adviser; federal appellate judges J. Michael Luttig and James Harvie Wilkinson, both of whom serve on the Richmond, Virginia-based 4th U.S. Circuit Court of Appeals; and another judge from the 5th Circuit, Emilio Garza.

Clement, 57, is considered a conservative judge by legal analysts.

"She's a member of the Federalist Society, which is a group of conservative lawyers that's been a great talent pool for Republican administrations over the past 20 years," said CNN analyst Jeffrey Toobin. "But she is not someone who is very well-known in legal circles."

She received her law degree from Tulane University in 1973. She was a lawyer with a firm in New Orleans from 1975-1991 until she was appointed to U.S. District Court by the first President Bush.

The Senate confirmed her to the appellate bench in 2001 by a 99-0 vote.

This is the first Supreme Court vacancy since 1994, when President Clinton nominated Stephen Breyer. President Reagan appointed O'Connor, who took her seat as associate justice on September 25, 1981.

On Saturday, Bush said in his weekly radio address that he wanted the confirmation process to be nonpartisan.

"The nominee deserves fair treatment, a fair hearing and a fair vote. I will make my nomination in a timely manner so the nominee can be confirmed before the start of the court's new term in October," he said in his weekly radio address.

The president said he has been working with senators on the nomination process.

Bush and Vice President Dick Cheney met July 12 with four senators with key roles in the confirmation process: Majority Leader Bill Frist, R-Tennessee; Minority Leader Harry Reid, D-Nevada; Sen. Arlen Specter of Pennsylvania, the Republican chairman of the Judiciary Committee; and the committee's ranking Democrat, Sen. Patrick Leahy of Vermont.

The senators said afterward that potential nominees were discussed, although Bush did not offer any names. They did commit to having O'Connor's replacement in place by the start of the court's new term in October.

Bush also met separately with Specter at the White House Monday evening. The senator would not divulge what was discussed.

Specter indicated on "Fox News Sunday" that he favored someone more like O'Connor, who was often a swing vote on the court.

Bush, he said, should be able to stand "above the fray" and make an appointment that would be "in the national interest" -- not because he was "beholden to any group, no matter how much they contributed to his election."

"When you have these delicate questions, it's helpful to the country to have somebody who is a swing vote, which maintains the balance," Specter said.

The nominee is expected to meet with members of the Judiciary Committee next week before Congress takes a month off.

The Senate is scheduled to take a recess from August 1 through September 5, meaning confirmation hearings likely will begin after Labor Day.

Reid said hearings might last a "good long week" if the nominee is not controversial.

O'Connor remains at work; her retirement is effective when her successor is sworn in.

There had been speculation that Bush might have at least one more opening to fill on the court.

Chief Justice William Rehnquist announced Thursday that he has no plans to step down and will continue to serve as long as he can.

"I want to put to rest the speculation and unfounded rumors of my imminent retirement," Rehnquist said in a statement released through his family. "I am not about to announce my retirement. I will continue to perform my duties as chief justice as long as my health permits."

The 80-year-old has been battling thyroid cancer since October and underwent a tracheotomy as part of his treatment. He endured weeks of chemotherapy and radiation.
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