BREYER PATCH

How to Head Off a Fight Over the High Court (David S. Broder, June 25, 2003, Washington Post)

It would greatly disappoint the warring armies of interest groups in Washington, salivating for a fight over the next Supreme Court vacancy. But there is a way out of such a debilitating battle, with all its ominous implications for the independence and reputation of the judiciary, if key players at both ends of Pennsylvania Avenue are willing to show some flexibility.

The path around such a knock-down, drag-out fight has been opened by Democratic senators who have urged President Bush to "consult" with Capitol Hill before deciding on his choice for the high court.

No one knows when there may be a vacancy to fill, but with the current term coming to an end, speculation is rife that Chief Justice William Rehnquist or Associate Justice Sandra Day O'Connor, both in their seventies, may be ready to retire.

In anticipation of that possibility, Sen. Patrick Leahy, the ranking Democrat on the Senate Judiciary Committee, has written to Bush urging him to engage "in meaningful consultation with members of the Senate, including those in the other [Democratic] party, before deciding on nominees."

Leahy's proposal was quickly endorsed by Senate Democratic leader Tom Daschle, who wrote the president that "should you be willing to convene a meeting of Senate leaders from both parties to begin a bipartisan process of consultation . . . we believe it is not necessary to have a divisive confirmation fight over a Supreme Court appointment."

This is an exquisite trap for the Democrats tp place their heads in and the White House would be wise to spring it. Ask the Senate Democrats to suggest a list of nominees they would support. First of all, just putting the list together will turn into a hilarious political exercise because it will have to represent every race, gender, religion, sexual preference, etc., and each Senator will have his/her own favorites who will have to be included. The final list could have two or three hundred names.

Meanwhile, in order to be taken at all seriously the list will have to include conservatives and Republicans, who thereupon become bulletproof. If not, or if the list does not include the White House's first choice, they can simply dismiss it as partisan hackwork. It's a win/win situation for the GOP. Posted by Orrin Judd at June 25, 2003 5:22 PM