Bush White House Preparing for Possible Supreme Court Vacancy

According to an exclusive ABC News report, the Bush administration, although not expecting any of the current Supreme Court justices to retire, is preparing a list of possible nominees just in case someone steps down.

The Court begins its summer recess at the end of June, and President Bush wants to be ready to move in case there is a retirement. Women and minorities are reportedly at the top of the list. The preparation of the list has been in process for a month after Bush met with his top advisers.

ABC said that in a meeting with Fred Fielding, the White House Counsel, and other lawyers in the administration, Bush emphasized that he wanted to nominate a woman or a minority to the Court. According to ABC, the short list contains six names.

The preparation of the list was helped by the research done in 2005 when the White House was seeking to replace Chief Justice William Rehnquist and Justice Sandra Day O'Connor. Although no justice is expected to retire, Court observers see Justices John Paul Stevens and Ruth Bader Ginsburg, both considered to be liberal in their legal opinions, to be the most likely to retire. Both have denied, however, that they plan to leave the Court, according to ABC.

The preparation of a list of possible nominees is an annual event, but White House officials feel extra pressure this year because of Bush's low approval ratings and the strong feelings that exist between Democrats and Republicans in Congress. Added to that is the Republican desire to strengthen their traditional base.

As ABC notes, one of the bright spots for conservatives has been Bush's nominations of Chief Justice John Roberts and Justice Samuel Alito. Those successful nominations have helped to offset conservative frustration over Bush's policies on Iraq, spending, and immigration.

The present Court is more conservative with the addition of Roberts and Alito, but overall tends toward a 5-4 split on the more controversial issues, including abortion, affirmative action and presidential power. If one more conservative is added, says ABC, the Court would definitely lean to the right.

Democrats, however, are warning that a conservative nominee would face tough going in a confirmation battle, given the Democratic-controlled Congress. Despite that, Bush's advisers feel he would still "be better off tapping a strong conservative who would rally the base," says the ABC report. Two of the suggested nominees are Judges Priscilla Owen and Janice Rogers Brown, both of whom currently serve on federals appeals courts.

Sources:

www.abcnews.go.com/Politics/SupremeCourt/Story
www.freerepublic.com/focus/f-news/1844322/posts