Opening Argument – The Problem With Alberto Gonzales

National Journal

White House Counsel Alberto Gonzales is an amiable man with an inspiring personal story. One of eight children of uneducated Mexican-American immigrants, he grew up in a Texas house with no hot water or telephone. He would be the first Hispanic attorney general. He has the complete trust of the president, whom he has loyally served for four years in Washington, and in Texas before that. He is far less divisive and confrontational than the departing John Ashcroft.

Cover Story – The A-List

National Journal

Liberal and conservative interest groups see Supreme Court appointments as a president’s most important domestic legacy. So now they are in their quadrennial lather about how Republican appointees could swing the closely balanced Court decisively to the right, and how Democratic appointees could swing it to the left, especially on big social issues that include abortion rights, affirmative action, gay rights, and religion.

Legal Affairs – Courting Trouble

National Journal

Conservative and liberal activists, lawyers, political junkies, and the media are abuzz with eager anticipation that this summer will bring the mother of all Senate confirmation battles, with the closely divided Supreme Court’s ideological balance at the tipping point. "It is almost certain," Time magazine forecast last month-with more confidence than evidence-"that by the end of June, when the Supreme Court adjourns for summer recess, at least one justice will have announced his or her retirement."

The Judicial Selection Wars: How a Truce Could Be Fashioned

National Journal

Republicans and Democrats are nearing the brink of nuclear warfare over President Bush’s judicial nominations. Unless both sides compromise, the damage to the government and the nation could be profound. Hostilities have raged on and off since the 1987 Battle of Bork, resulting in a downward spiral of partisan bitterness and recriminations. The latest and biggest escalation has been Senate Democrats’ all-but-unprecedented filibusters of professionally well-qualified Bush nominees who are simply too conservative for the Democrats’ taste. And now, as both sides prepare for a climactic battle in the event of any Supreme Court retirements, Republicans are threatening the so-called nuclear option.

Bush and the Supreme Court: Place Your Bets

National Journal

Amid all the liberal scare talk about how letting President Bush pack the courts with right-wing Neanderthals would end civilization as we know it, it’s worth noting that the first new Bush justice, if there are any, probably won’t make the Supreme Court more conservative, and may well make it more liberal.

Legal Affairs – Enough Already! Confirm the Worthy Nominees

National Journal

If you had to design the ideal candidate for an appellate judgeship, you might imagine a lawyer who wins praise from legal luminaries of both political parties as one of the nation’s very best appellate advocates. Someone who has argued dozens of cases before the Supreme Court, who has a stellar track record in both private practice and government service, and who won the American Bar Association’s highest rating. Someone who has represented clients on both the conservative side and the liberal side of ideologically charged cases, and who has encountered no plausible criticism of his fitness to serve.

Legal Affairs – Gagging Judicial Candidates Won’t Save State Courts

National Journal

A Supreme Court test of whether candidates for elective state judgeships have a First Amendment right to express their views on legal and political issues has helped bring into focus a disturbing trend in some of the 39 states that choose judges by popular election. Judicial campaigns, once sleepy affairs that incumbents won in a walk, are getting more politicized, meaner, more expensive, and more awash in special-interest money.

Legal Affairs – The Role Of Ideology in Judicial Selection: Test Case

National Journal

Federal District Judge Charles Pickering Sr. of Mississippi has the misfortune of being the first Bush federal appeals court nominee openly targeted by liberal groups and Senators determined to block the President from transforming the lower courts-and, if he gets a chance, the Supreme Court-into conservative bastions.

Legal Affairs – Judicial Selections: Compromise On Ideology, Not Quality

National Journal

President Bush made a strategically smart move in the 15-year-old war of the judges by announcing on May 9 a slate of 11 nominees carefully balanced both to please conservative activists and to disarm mainstream Democrats whose help he will need to avoid partisan gridlock.