Adhere to the Democratic standard

Today President Bush will meet with Senate leaders — Majority Leader Bill Frist, Minority Leader Harry Reid, Judiciary Committee Chairman Arlen Specter and Patrick Leahy, the committee’s ranking Democrat — indicative of the White House’s recognition of the Senate’s “advice and consent” role prescribed by the Constitution. The goal, of course, should be to confirm a successor before the first Monday in October, which traditionally serves as the opening day of the court’s new term. Unfortunately, it did not take Mr. Leahy long to begin pouring cold water on that very reasonable schedule.

“[W]e should all remember that Justice O’Connor gave everybody a great gift,” Mr. Leahy told MSNBC’s “Hardball” on July 6. “She said she would serve until her replacement is confirmed,” Mr. Leahy said, adding, “So, you don’t have a tight, tight time schedule, as you might have otherwise.”

There should be more than enough time for the Senate to fulfill its constitutional duty. The White House has had four-and-half years to prepare for this nominating moment, and the president’s selection should be forthcoming very soon. Mr. Leahy, however, appeared to be laying the groundwork for delay even in the likelihood of an imminent nomination. “[I]t takes a fair amount of time to prepare for one of these hearings,” he said. Noting that he had been involved in 11 Supreme Court nominations, Mr. Leahy argued, “Even the easiest ones take a fair amount of time to prepare.”

What is a fair standard? Mr. Bush and the Republican-controlled Senate should insist on following the Democratic standard, set by a Democratic president (Bill Clinton) and a Democratic-controlled Senate.

Mr. Clinton nominated Ruth Bader Ginsburg on June 14, 1993. Judiciary Committee hearings began five weeks later on July 20 and ended July 23. The committee unanimously approved the nomination July 29. By a bipartisan vote of 96-3, the Senate confirmed Mrs. Ginsburg five days later on Aug. 3, 50 days after she was nominated. Mr. Clinton nominated Stephen Breyer on May 13, 1994. Four days of Judiciary Committee hearings began less than two months later, ending on July 15. The committee unanimously approved Mr. Breyer on July 19. On July 29, 77 days after he was nominated and following five hours of debate on the Senate floor, Mr. Breyer was overwhelmingly confirmed by a bipartisan vote of 87-9.

Before Mrs. Ginsburg, the last person nominated by a Democratic president (Lyndon Johnson) to be an associate justice of the Supreme Court was Thurgood Marshall, whom the Democratic-controlled Senate confirmed 78 days later by a 69-11 margin. (Ten Democrats, including West Virginia’s Robert Byrd, voted against Justice Marshall in 1967.)

The average time period between the date of nomination of those three justices and the date of confirmation was less than 10 weeks. As soon as Mr. Bush makes his selection, the clock should begin ticking. Within 10 weeks, following the Democratic standard, the Senate should complete its confirmation vote.