Adding 1 Involves a Lot of Variables
WASHINGTON — As President Bush weighs a successor for retiring Supreme Court Justice Sandra Day O'Connor, he will face pressure to name a Latino, a woman, an African American or someone who would help overturn the landmark case that legalized abortion.
But White House allies and advisors said Friday that the toughest choice facing Bush was whether to pick a nominee who would probably coast to Senate confirmation -- such as his longtime friend, Atty. Gen. Alberto R. Gonzales -- or one who would please the conservative Republican base but also spark a protracted partisan battle that could stall other priorities.
That quandary came into focus with O'Connor's surprise announcement, which all but assured White House allies that Bush would get the chance to make at least two Supreme Court appointments. The second would replace ailing Chief Justice William H. Rehnquist, who until Friday had been considered the sure bet to create the first opening.
Now, White House advisors are trying to draw lessons from the experience of President Reagan, who took the easy route first in winning confirmation for Justice Antonin Scalia but then paid a heavy price when a more controversial nominee, Robert H. Bork, was defeated.
"It's a fairly sophisticated choice to be facing," said C. Boyden Gray, White House counsel under President George H.W. Bush and now a strategist on court nominees for the current administration. Bush "really does want to appoint Gonzales. So does he appoint Gonzales now, or does he wait for the second opening? Gonzales would be the first Hispanic and would be easier to confirm" than other contenders considered to be more conservative.
Further complicating matters for the White House, said Gray and other administration allies, was the fact that O'Connor made her announcement on the eve of the president's trip to Scotland for the summit of the Group of 8 industrial nations. That means Bush will not announce his nominee until at least the end of next week, giving Democrats and liberal interest groups more time to frame the debate and talk about potential picks.
"It's going to put pressure on people like us on the outside to get on TV and fill the airwaves," Gray said.
For Bush, the O'Connor announcement opened the door to one of the most highly anticipated decisions of his presidency. His approach to a Supreme Court vacancy has been the source of speculation among activists on all sides of major issues since he said during his 2000 campaign that his ideal court picks would mirror conservative heroes Scalia and Justice Clarence Thomas.
