Democrats warn Bush to consult

Capitol Hill braced yesterday for the first Supreme Court confirmation fight in nearly 11 years, and Democrats warned President Bush to consult them “face-to-face” before offering a replacement for Justice Sandra Day O’Connor.

“If the president abuses his power and nominates someone who threatens to roll back the rights and freedoms of the American people, then the American people will insist that we oppose that nominee — and we intend to do so,” Sen. Edward M. Kennedy, Massachusetts Democrat and member of the Judiciary Committee, said.

Sen. Charles E. Schumer, New York Democrat and a member of the committee, told reporters it would be “a shame” if Mr. Bush makes his nomination “without real face-to-face, back-and-forth consultation.” Democrats argue that this is the correct meaning of the Senate’s constitutional “advice and consent” role.

A group of liberal activists reserved a room across the hall from the Senate chamber yesterday to add their warnings, calling the abortion rights as upheld by Justice O’Connor the most fundamental American freedom.

“On Independence Day weekend — as we all celebrate the freedoms that make America so special — there is no freedom more fundamental to our rights than the ability for women to decide whether and when to parent,” said Karen Pearl, interim president of Planned Parenthood Federation of America.

Amid all the threats, lawmakers on both sides joined in lauding the first woman named to the Supreme Court.

“Throughout her 24 years of service on the nation’s highest court, Justice O’Connor worked to restore common sense to our criminal justice system and due regard for the power reserved to the states under the Constitution and to limit restrictions on faith in the public square,” said Sen. John Cornyn, Texas Republican and member of the Judiciary committee. “Thanks to Sandra Day O’Connor, victims of crime are more likely to receive justice, and inner city children are no longer constitutionally barred from access to school choice programs.”

Senate Minority Leader Harry Reid agreed: “Justice O’Connor has been a voice of reason and moderation on the court.”

The warm remarks put several Democrats in the unlikely position of urging Mr. Bush to go about nominating a replacement in the same manner as President Reagan, who nominated Justice O’Connor 24 years ago.

“Ronald Reagan was, arguably, the most conservative president of our time, and he chose someone who was confirmed with a vote of 99 to nothing,” said Sen. Christopher J. Dodd, Connecticut Democrat. “This president ought to use the Reagan standard in choosing a nominee.”

Mr. Reagan also nominated Justice Antonin Scalia to the high court and elevated William H. Rehnquist to chief justice. Justice Rehnquist anchors the conservatives on the court, and Justice Scalia has become the left’s favorite “bad” conservative.

Justice O’Connor’s announcement comes after the Senate narrowly averted a showdown in May over 10 Democratic filibusters of Mr. Bush’s judicial nominations to lower federal courts.

Seven Democrats agreed to surrender most of the remaining filibusters in exchange for seven Republicans’ promise not to support a leadership effort to employ the so-called “nuclear option,” which would have prevented such judicial filibusters.

One of those Democratic signers, Sen. Ben Nelson of Nebraska, said he expects the deal to stick. “Once a nominee is put forward, I’m sure the ’Gang of Fourteen’ senators will meet and begin discussions about the nominee to ensure that the agreement we reached will remain intact,” he said. “Any speculation on potential nominees is obviously premature. We will cross that bridge when we get there.”

Sen. John W. Warner, Virginia Republican and one of the Gang of Fourteen, reiterated yesterday that the “nuclear option is definitely on the table” but spoke against confirming a nominee in that manner. “For, if we did, and that were the process by which this body gave advice and consent on that Supreme Court justice, that justice would be tattooed with the nuclear option for the rest of his or her life on that court,” he said.

Mr. Warner joined Democrats in warning Mr. Bush to find a nominee Democrats find acceptable. President Bush’s first Supreme Court nomination “gives him an opportunity to be a uniter, not a divider,” he said.