Bush heeds calls to consult on pick for top court

Hours after learning that Supreme Court Justice Sandra Day O’Connor would retire, Sen. Patrick J. Leahy of Vermont held a press conference and talked about the importance of President Bush’s consulting Democrats before naming her replacement.

“Speaking of the Constitution — excuse me just a moment,” the top Democrat on the Senate Judiciary Committee was saying when he got interrupted by a staffer for an important phone call.

It was Mr. Bush on the line to discuss the new Supreme Court opening.

Mr. Leahy and other top Senate Democrats, who will gather at the White House today for discussions about an O’Connor replacement, have said Mr. Bush is off to a good start consulting them.

“The president has taken a good first step,” said Sen. Charles E. Schumer, New York Democrat and member of the Senate Judiciary Committee.

Republicans say the White House is engaging in an “unprecedented” level of consultation with the Senate and especially Democrats, whose only power to stop a nominee would be through a filibuster.

“We have reached out to more than 60 senators now, and we have actually consulted with most of those,” said White House spokesman Scott McClellan. “We are continuing those outreach calls and meetings to listen to what senators have to say and hear what their views are.”

Democrats warned that just letting them talk to deaf ears doesn’t add up to consultation.

“Meaningful consultation is more than checking off a box,” said Mr. Leahy, who said he initially thought the presidential phone call that came during his press conference was some kind of setup. “It means a real dialogue that can help the president find a good nominee who could have overwhelming bipartisan support.”

Mr. Leahy said yesterday that this morning’s meeting is “a solid step toward meaningful consultation.”

“It’s been my experience that many presidents have consulted, and when they did, it led to good candidates and a much smoother confirmation process,” he said. “I look forward to working with the president to help him bring the country together with this decision.”

Republicans say Mr. Bush already has exceeded his responsibility to take advice from the Senate.

“The president has the right to consult anyone he chooses, and he has already reached out to Senate Democrats in an unprecedented level of consultation,” said Sen. John Cornyn, Texas Republican and member of the Senate Judiciary Committee. “But the Constitution makes clear that it is the president who must choose the nominee — consultation does not equal co-nomination.”

Mr. Cornyn also noted the past filibusters Democrats have mounted against 10 of Mr. Bush’s nominees to the U.S. Court of Appeals and said, “Courtesy is a two-way street.”

“If senators want to consult, they should first commit to a level of fairness toward the president and his nominees,” he said.

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