Political Cortex: Brain Food for the Body Politic

"Today, Justice Sandra Day O'Connor announced that she is stepping down as an Associate Justice of the United States Supreme Court. As the first woman on the United States Supreme Court, she shattered the glass ceiling of the highest court in the land and provided exemplary service on the Supreme Court for 24 years. She should be commended for her service and commitment to the judiciary during her long tenure as an Associate Justice.

    This vacancy creates an opportunity for the President to fulfill his pledge to the American people to `come together and work together.' President Bush promised that his second term would be `a new opportunity to reach out to the whole nation.' In choosing a nominee, I urge the President to consult with the Senate to find a moderate, consensus nominee, just like President Ronald Reagan did in choosing Justice O'Connor. He should look for people of outstanding legal skill who do not have an ideological agenda. The nominee should be someone who possesses integrity and a commitment to our Constitution, the Bill of Rights and the implicit right of privacy - but who will not further divide the nation.

    I use three criteria when I examine any judicial nominee: competence, personal and professional integrity and a commitment to protecting core constitutional values, the Bill of Rights and the implicit right of privacy. I believe that it is essential for every successful nominee for the highest court in the land to possess these characteristics."

Look in particular at the bolded text -- Mikulski urged Bush to work with the Senate in arriving at a SCOTUS nominee.  But what did Bush do when it came to Alito, O'Connor's replacement?

Bush Consultation on Alito: "Zero, Nothing"

    When President Bush nominated John Roberts, the White House repeatedly highlighted the level of Bush's consultation with the Senate:

        I think you heard from some long-time serving members of the Senate who said that this level of consultation was unprecedented.

    The same occured during the lead up to the Miers pick:

        We have consulted with over 70 United States senators. That matches the level of consultation that we held for the first vacancy. The level of consultation that we engaged in was unprecedented; we have now matched that.

    With Alito's nomination, however, the White House disregarded the process:

        [Senate Majority Leader Harry] Reid's tongue was firmly in cheek when describing consultation with the White House about the Alito nomination.

        "I really am impressed with the consultation of this nomination. Let me tell you what it consisted of. I was at the Rosa Parks event last night, which was a solemn occasion and very nice. [White House Chief of Staff] Andy Card walked up to me and said I am going to call you at 6:30 in the morning. I said, `That is too bad,' because I knew by then they had already picked someone.... He didn't call me at 6:30 [but at] about quarter to 7. The conversation lasted maybe 10 seconds. He said, `You have already heard?' I said, yup, and that was it. That is the consultation. With [Judge John] Roberts we had consultation, with [White House Counsel Harriet] Miers we had consultation, with Alito zero, nothing."

    It's not that President Bush didn't have the time -- he spent last weekend "contact[ing] prominent conservatives to test the reaction to various candidates."

Bush has brazenly stuck his finger in Senator Mikulski's eye by flatly ignoring her requests that the Senate be consulted on Justice O'Connor's replacement.  This level of disrespect to the "advise and consent" process must not be tolerated, and the President has forfeited his right to an "upperdown" vote with this conduct.

Senator Mikulski must be reminded of her statement, and we must explain to her why Bush's disrespectful conduct justifies a filibuster.  Please contact Senator Mikulski at 202-224-4654 and bring her up to speed on this issue, and tell her to support the filibuster.