Stretching Out Time for Selection Intended to Cut Into Senate Debate
Every spring for the first three years of President Bush's administration, Karl Rove and other top aides gathered to prepare for the possibility that a Supreme Court justice would retire. Yet, when a seat finally opened in Bush's fifth year, the strategy to fill the vacancy suddenly turned into hurry-up-and-wait.
More than two weeks since Justice Sandra Day O'Connor announced her retirement on July 1, the famously disciplined Bush White House has yet to name a replacement, nor does it look likely to do so for another two weeks. The delay has surprised and dismayed some outside White House advisers concerned that the resulting political vacuum will complicate Bush's selection by allowing a free-for-all interregnum when all sides lobby, advance their candidates and tear down others.
But the delay represents a calculated decision by the president's team that it is better to take slings and arrows on the front end to try to shorten the time the Senate has to consider a nominee on the back end. If Bush names a nominee between July 26 and 28, as many advisers now predict, that would leave fewer than 10 weeks in which his choice would be vulnerable to attack if the Senate votes before the court's term starts Oct. 3.
Bush, who has emphasized the importance of seating the new justice by then, tried to lay the groundwork for such a timetable with his weekly radio address yesterday.
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But the Bush White House was expecting Rehnquist, who is 80 and battling thyroid cancer, to retire this summer, not O'Connor. That reshuffled the political dynamics involved in replacing the first female justice and a key centrist-conservative who has been the court's swing vote for years. In addition, her surprise announcement came on a Friday before a holiday weekend followed by a Bush trip to Europe for a Group of Eight summit, making it impractical to announce a replacement right away.
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http://www.washingtonpost.com/wp-dyn/content/article/2005/07/16/AR2005071601064.html