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“We’ve boxed the MoveOn types and the Ralph Neas types with today,” says a Senate Judiciary Republican staffer. “They have no standing. They’d attack anyone, regardless of credentials.”
That said, the Roberts nomination is expected to generate some heat, at least in the short term, though according to Democratic strategists who have briefed Senate Democratic leaders, Minority Leader Harry Reid is expected to not put up a full frontal attack against Roberts.
“We are expecting one, if not two, more nominees to the Supreme Court this calendar year,” says a senior Democratic strategist. “We have to be true to our values and defend them against a nomination like Roberts, but we have to be realistic. He’s going to get through. But we have bigger fights ahead that will be even more pivotal. We’ve advised folks to keep their powder dry and not to waste it on this fight. Wait for the biggies to come.”
ADDING TO THE INTRIGUE of a Judge John Roberts nomination to the Supreme Court is what will happen to his vacated seat on the D.C. Circuit Court of Appeals once he is confirmed.
According to White House sources, one name that has already been considered is that of Miguel Estrada, who had previously been a Bush nominee to the federal bench, but who was blocked by Democrats on the Senate Judiciary Committee. Estrada has said for some time that he had no interest in revisiting what for a number of reasons was a painful period for his family. But recent indications are that Estrada might be willing to give it another shot.
WHITE HOUSE STAFF AND INSIDERS at the Department of Justice insist that they continue to expect as many as two additional vacancies on the Supreme Court. “We’ve operated from that assumption that once the Chief Justice saw where this was headed, he would be comfortable in stepping aside on his own timetable,” says a White House staffer. “We think he’ll be happy with Roberts, and will want to at least work with him a bit, but that his retirement will come.”
That retirement would most likely lead to another conservative nomination, perhaps Clement, perhaps Jones. Should either Justices Ginsburg or Stevens retire, Republican Senate sources say, Senators sitting on the Judiciary Committee have told the President during consultations that Attorney General Alberto Gonzales would be an acceptable nominee.
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