Publius2000

"Passion has helped us; but can do so no more. It will in future be our enemy. Reason, cold, calculating, unimpassioned reason, must furnish all the materials for our future support and defence.--Let those materials be moulded into general intelligence, sound morality, and in particular, a reverence for the constitution and laws" --Abraham Lincoln, speaking on "The Perpetuation of Our Political Institutions" Address Before the Young Men's Lyceum of Springfield, Illinois, 1838

Tuesday, September 20, 2005

Speculation on O'Connor's Replacement

When you start with your best foot, how do you avoid stumbling on your next step. If Roberts was so exceptional that the Dems couldn't touch him, then how do you follow his performance? Who do you pick who will be similarly excellent and qualified, but who will be able to stand up to the withering attacks from the Left. The battle for the next nominee will be much more heated, by a factor of at least 10. There will be fireworks and who do you expect will be able to withstand the onslaught?

Here is another piece from Confirm Them:

"Needed: One Tough Judge


The New York Times reports that The White House is revising its criteria for Justice O’Connor’s replacement: The nominee needs to be tough. Quite rightly, the Administration apparently suspects that the Democrats’ frustration at being unable to lay a finger on Judge Roberts may spill over and be vented on the next nominee.


Fair enough — in my view, any Supreme Court nominee should have the mental toughness that will serve him/her well not only in confirmation hearings, but in resisting the blandishments of the (liberal) Beltway establishment if he/she is ultimately confirmed.The story likewise notes that some Democrats want to muster numerous votes against John Roberts to “send a message” to The White House, while others believe most Dems should vote for him in order to promote the illusion that they are reasonable.


But the real truth comes at the story’s end, when it’s noted that liberal legal groups and unions have come out against Judge Roberts’ nomination. The fact is that these groups will oppose any Bush nominee. So the nominee might as well be someone who’s worth what will surely be a bitter and unpleasant fight. "

In another piece there is a vote for Luttig...

"I spoke with a member of our version of the House of Lords today. He has a decided preference for O’Connor’s spot — Judge Luttig. His reasoning, though basic, makes sense.Roberts, he said, sets the bar very, very high for any other nominee. “The field is very small for top notch conservative judges,” he says. “In my opinion, at the very top there are only two who are of Roberts’ caliber: Michael Luttig and Michael McConnell.”


“We know the Democrats are going to fight like hell. We need a nominee who can withstand the assault, handle himself as well under questioning as Roberts, and appear as credible to the public as Roberts did.” The Senator thinks that Luttig and McConnell fit those criteria better than any other potential nominee.


Of those two, the Senator is more comfortable with Luttig than McConnell. Luttig is “more judge than academic” to the Senator and the Senator thinks Luttig would be better equipped to handle the questions and the fight.


“The President will be consulting with the Senate. I intend to suggest that Michael Luttig should be considered.”"

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