Rove prepares 20 judges
By Alexander Bolton
Presidential adviser Karl Rove and White House counsel Harriet Miers yesterday told conservative activists and Senate staff that the administration would soon send the names of more than 20 judicial nominees to Capitol Hill for confirmation.
The undertaking to move ahead came at a 2:30 meeting at the White House that was boycotted by leading conservatives upset at the slow pace of nominations, according to people who attended the meeting.
Conservatives are upset by the Senate's slow pace on judges since the confirmation of Samuel Alito to the Supreme Court in February. They are frustrated that the White House has sent few nominees with strong conservative records.
Conservatives are also angry that Senate Republicans agreed to hold a second Judiciary Committee hearing on D.C. Circuit Court nominee Brett Kavanaugh today.
Prominent conservatives who have played instrumental roles in the battle over the federal judiciary but skipped the meeting included Leonard Leo, executive vice president of the Federalist Society; former Attorney General Edwin Meese, chairman for the Center for Legal and Judicial Studies; and Jay Sekulow, chief counsel for the American Center for Law and Justice. A representative for the Committee for Justice didn't attend either.
Rove's participation in the meeting could mean the White House intends to emphasize the judiciary to rev up the conservative base in the run-up to the midterm election. The judiciary, because of its power over social issues, is a leading concern of the base. Rove is likely to spend more time wooing the base since he was shifted from a policy-oriented to a purely political-strategy role last month.
During a conference call hosted by Leo earlier yesterday, one participant called for conservative leaders to skip the White House meeting because of frustration over the state of judicial nominees. The participant said that by missing the meeting conservative leaders would send a strong statement that GOP leaders needed to have a serious discussion on judicial nominees.
Manuel Miranda, a former aide to Senate Majority Leader Bill Frist (R-Tenn.) who now chairs the Third Branch Conference, a coalition of conservative organizations, also called for a boycott during a second call. He said he had about 50 participants on his call but did not know many of those who listened in.
The White House meeting was supposed to include a broad coalition of conservative activists. One participant said White House, Senate and Republican National Committee staff nearly equaled the number of conservative leaders who showed up.
But White House staff scrambled to dispel the notion of a brewing rebellion. At the meeting, Tim Goeglein, the White House liaison to conservative activists, gave a list of explanations for each prominent conservative not at the meeting. The point was to show that their absences were because of scheduling conflicts and not because of an intentional boycott. But the rarity with which such White House meetings are held seemed to undercut the explanations.
One participant said the White House could begin submitting judicial nominations to the Senate by the end of the week. Another said Rove and Miers did not give a clear timeline but indicated the nominations would come soon.
Yesterday's meeting was scheduled to thank conservatives for their work on behalf of President Bush's nominations to the bench, particularly Supreme Court Chief Justice John Roberts and Associate Justice Samuel Alito, both of whom the Senate confirmed within the past year.
The last time White House officials held a meeting about judges with a broad array of conservative activists and leaders was the beginning of 2005, according to one activist.
The White House has nominated only four candidates among 18 vacancies on the federal appellate circuit, including two nominees to the 9th U.S. Circuit Court of Appeals whom conservatives view as liberal-leaning. They are California Resource Agency general counsel Sandra Ikuta and Milan Smith, who is the brother of Sen. Gordon Smith, a liberal-leaning Republican from Oregon. There are 56 vacancies in the federal judiciary and 33 judicial nominees pending before Congress, according to the Office of Legal Policy at the Department of Justice.
Conservatives are also upset that Republicans have allowed the nominations of strong conservatives to languish in the Senate, despite having a 55 seat-majority in the chamber.
One controversial conservative nominee, Michigan Judge Henry Saad, withdrew his nomination earlier this year. Senate Republicans have also made clear that there is not likely to be action on 9th Circuit nominee William Myers and 4th Circuit nominee William Haynes.
Last week Senate Minority Leader Harry Reid (D-Nev.) vowed that Democrats would filibuster Kavanaugh and 4th Circuit nominee Terrence Boyle.
Conservatives were told yesterday that Kavanaugh's nomination could be voted on by the end of this week.