Bush's nominees for judgeships to be conservative

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Even with Democrats controlling the Senate, President Bush will continue to nominate conservative judges such as Supreme Court Chief Justice John G. Roberts Jr. and Justice Samuel A. Alito Jr., Vice President Dick Cheney said yesterday.

"I assure you, nothing that has happened in the last two weeks will change his commitment to nominating first-rate talent like John Roberts and Sam Alito," the vice president told the Federalist Society, a conservative legal and academic group. Thus, he signaled that Mr. Bush will not back away from a confirmation fight -- even though Democrats warned him this week they will fight those types of nominees.

Mr. Cheney also defended the National Security Agency's wiretapping program, saying it is part of the president's war on terror and should be beyond the reach of judges.

"This is a matter entirely outside the competence of the judiciary," he said.

Mr. Cheney drew laughs from the crowd when he ridiculed the ruling by a federal judge in Michigan three months ago that struck down the wiretapping program.

"The court found, among other factors, that warrantless surveillance of terrorist-related communications would cause irreparable injury to the American Civil Liberties Union and other plaintiffs," Mr. Cheney said, before adding that he is confident the ruling will be reversed on appeal. A federal appeals court already has issued a temporary injunction.

The president authorized the program after the September 11 terrorist attacks, and he asked Congress in September to pass a bill giving the wiretaps the full authority of law. The House passed a bill 232-191, but the Senate has not followed suit.

Democrats will have control of both the House and Senate next year, and Mr. Bush will face a much more difficult time both passing his legislative agenda and securing confirmation of his nominees.

Earlier this week Sen. Charles E. Schumer, New York Democrat and a point man for his party on judicial nominations, said his biggest regret this year was allowing confirmation of Justice Alito. He told the New York Observer that Democrats won't do that again.

"Judges are the most important," Mr. Schumer said. "One more justice would have made it a 5-4 conservative, hard-right majority for a long time. That won't happen."

Yesterday Sen. Mitch McConnell, who will be minority leader next year, said Republicans might block other Democrats' bills if the new majority doesn't allow votes on Mr. Bush's nominees.

If the "Democrats want our cooperation, they'll give the president's judicial nominees an up-or-down vote," the Kentucky Republican told the Federalist Society.

Republicans will hold 49 seats, more than enough to block Democrats' bills through filibuster.

The issue is getting wrapped up in presidential politics, as well.

Sen. John McCain, the Arizona Republican who already has formed an exploratory committee to run for the Republican presidential nomination in 2008, said Thursday he supports nominees such as Justice Alito and Chief Justice Roberts.

The chief justice won confirmation last year by a 78-22 vote in the Senate, while Justice Alito won confirmation in January by a 58-42 vote.

Neither Mr. McCain nor Mr. Cheney mentioned Mr. Bush's unsuccessful Supreme Court nominee, Harriet E. Miers, the White House lawyer who had to be withdrawn amid a conservative uproar over her qualifications.

Mr. Bush this week resubmitted the names of six federal appeals court nominees that Democrats had forced to be returned to the White House over the October recess. Mr. Cheney yesterday said he wants to see action on one in particular, Peter D. Keisler, who the vice president noted was a founding member of the Federalist Society.

But Democrats called the resubmission of nominees with so little time left this year a slap at bipartisanship.