Right presses for conservative judge

WASHINGTON -- As the White House narrows its list of potential nominees to succeed retiring Justice Sandra Day O'Connor, social conservatives are pressuring the Bush administration to pick an "unapologetic, unequivocally moral conservative" for the job.

President Bush may announce his candidate for the O'Connor seat soon after John G. Roberts Jr. is confirmed by the Senate on Thursday, to succeed the late Chief Justice William H. Rehnquist.

After patiently backing Roberts -- who they view as a mainstream conservative -- right-leaning activists and senators now want Bush to follow through on his oft-repeated campaign promise to pick judges in the mold of Antonin Scalia and Clarence Thomas.

Where Roberts appears likely to take a more modest approach and would probably uphold the right to an abortion on the high court, both Scalia and Thomas are ideologically driven conservatives on such issues as states' rights, abortion and the role of religion in the public square.

By replacing O'Connor -- a frequent swing vote viewed as more moderate than Scalia or Thomas -- with hard-line a conservative, Bush could tip the court's philosophical balance on a number of hot- button social issues.

"In Roberts, we got basically a wash -- a conservative (replacement) for a conservative that doesn't change the 5-4 quagmire of the court. This next position is the crucial one," said Rev. Rob Schenck, president of the National Clergy Council. "We want a rock-solid moral conservative. We want an unapologetic, unequivocally moral conservative nominee because this is the one that truly matters for the future of the court."

Connie Mackey, vice president for government affairs for the conservative Family Research Council, said Bush nominated someone "Rehnquist-like" when he selected Roberts.

"Next time, we expect the president to nominate someone in the mold of Justice Scalia or Thomas," Mackey said. "We'd like to see someone that we feel a little bit more confident about their conservative roots."

In particular, conservative advocates say they are hoping for a nominee who will be on their side of such issues as abortion rights and religious expression. The court is expected to consider two cases that touch on abortion rights during its next term, set to begin Oct. 3.

"There are groups that are working quietly, and there are groups like ours that are working more visibly to persuade the president that his instincts are the right ones, and that he should stick confidently to those instincts and not be bullied by anyone," Schenck said.

Appeals are mostly coming behind the scenes and in weekly meetings of conservative leaders in the nation's capital. But some Republican senators are making their wishes known publicly.

Sen. Sam Brownback, R-Kan., prefaced his Judiciary Committee vote last week to endorse Roberts' nomination by pleading with the administration for a nominee who has proven anti-abortion credentials.

"The next nominee should let the political branches make political choices and should have a record of devotion to life and liberty that our Constitution protects," Brownback said.

Robert Bork -- whose failed 1987 bid for the Supreme Court has become the symbol of bitter battles over high court vacancies -- said Bush should stick with the conservative candidate sought by his most loyal supporters.

"If the president decides to go with somebody who is moderate, he will not placate his enemies -- they will attack him anyway-- and he will disillusion his base," Bork said.

Bush is also getting pressure to replace O'Connor -- who was the first woman to take a seat on the Supreme Court -- with a female, black or Hispanic justice.

One possible contender -- Attorney General Alberto Gonzales -- could turn off many on the right who think he's too liberal on abortion rights. They point to his votes as a Texas Supreme Court judge to allow some underage girls to obtain abortions without parental consent. Conservative critics say those votes are a sign Gonzales would support abortion rights on the high court.

But if nominated and confirmed, Gonzales would be the first Hispanic on the high court, giving Bush a chance to make history.

Other possible nominees include Larry D. Thompson, a former deputy attorney general who now serves as general counsel for Pepsico, and federal appeals court judges Janice Rogers Brown, Priscilla Owen and Emilio M. Garza. Thompson and Brown are black; Garza is Hispanic.

Copyright C 2005 Deseret News Publishing Co.
Provided by ProQuest Information and Learning Company. All rights Reserved.