No, no, not Gonzales!
WASHINGTON — It was not
merely a leak from the normally
leak-proof Bush White House.
For more than a week, a veritable
torrent has tipped Attorney
General Alberto Gonzales as
President Bush’s first nomination
to the U.S. Supreme Court. It has
sent the conservative movement
into spasms of fear and loathing.
Gonzales long has been unacceptable
to anti-abortion activists
because of his record as a Texas
Supreme Court justice. Beyond
pro-lifers, he is opposed by
organized conservative lawyers. Ironically,
the same Bush supporters who have been
raising money and devising tactics for the
mother of all judicial confirmation fights are
in a panic that Gonzales will be named. With
the president’s popularity falling among his
conservative base as well as the general populace,
a politically disastrous moment may be
at hand.
The president will have to act quickly if the
high court’s current session ends with a resignation.
Justice Sandra Day O’Connor now is
considered more likely to quit than ailing
Chief Justice William Rehnquist. White House
leaks describe Gonzales as the leading
prospect for either vacancy. That creates a
situation filled with irony, contradictions and
questions.
For example, why the torrent of Gonzales
leaks from a White House extraordinarily
adept at holding back the president’s intended
nominations? It looks like a trial balloon, but
there are also suspicions that Gonzales’s name
has been floated by critics in order to shoot
him down.
If opposition to abortion is Bush’s pre-eminent
social conservative position, Gonzales is
a most improbable choice. He could not bring
himself to support parental notification on the
Texas Supreme Court. While he professes to
be anti-abortion, he maintains Roe v. Wade is
inviolable — a judicial version of John
Kerry’s formulation.
Conservatives fear Gonzales will be another
in a long line of Supreme Court justices
who have proved more liberal than the president
who appointed them expected — John
Paul Stevens, Sandra Day O’Connor, Anthony
Kennedy, David Souter. That is a view widely
held inside the White House, but not by the
occupant who counts most. George W. Bush
loves Al Gonzales and would like his former
chief counsel to head a “Gonzales Court.”
Since Gonzales was confirmed as attorney
general after a nasty debate over treatment
of terrorist detainees, the argument
he would be confirmed
more easily than other prospects
might seem dubious. But Senate
Democrats may have expunged
anti-Gonzales bile from their system
and be willing to support
somebody who is markedly less
conservative than any other nominee.
Indeed, all other possibilities
are conservative. They face trouble
from Democratic senators
who have led the campaign to
block Bush’s judicial nominees.