Several related articles today, all pretty much saying the same thing: even though right-wing groups are doubtful that they’ll actually be able to defeat President Obama’s Supreme Court nominee, they are raising lots of money to try and do so anyway and, in doing so, hope to make it an issue in the 2010 elections.
While conservatives say they know they have little chance of defeating Mr. Obama’s choice because Democrats control the Senate, they say they hope to mount a fight that could help refill depleted coffers and galvanize a movement demoralized by Republican electoral defeats.
“It’s an immense opportunity to build the conservative movement and identify the troops out there,” said Richard A. Viguerie, a conservative fund-raiser. “It’s a massive teaching moment for America. We’ve got the packages written. We’re waiting right now to put a name in.”
Gary Marx, executive director of the conservative Judicial Confirmation Network, said donors, whom he declined to identify, had committed to contributing millions of dollars for television, radio and Internet advertisements that might reunite conservatives in a confirmation battle.
Conservatives face big obstacles, though, in rousing supporters or spurring Republican lawmakers to mount an all-out fight.
The movement is much diminished from four years ago under President George W. Bush, when Supreme Court vacancies last arose and conservatives marshaled their forces to champion his nominees. (Judge Richard Posner, a prominent Reagan appointee, wrote recently that the conservative movement suffers from “intellectual deterioration.”) Republicans have lost control of the White House and Congress, have no clear party leader and have received low approval ratings.
And some leading groups are having budget woes. Focus on the Family, a Colorado-based evangelical group led by the semi-retired James C. Dobson, rallied social conservatives in support of Mr. Bush’s judicial nominees, but it recently cut more than 200 jobs.
The conservative movement is sharing its resources as it prepares for the nomination. The Judicial Action Group, founded in 2006 and based in Alabama, has organized a research network — dubbed the Supreme Court Review Committee — of about 15 “pro-family ministries” and conservative legal groups, said Phillip Jauregui, president of the group.
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Manuel Miranda, who has led conference calls for conservative groups about judges, said the focus on such issues would present “a great opportunity to really prepare the great debate with a view toward Senate elections in 2010 and the presidency.”
“It isn’t just about the nominee,” he said. “It’s about the fact that the American people gave control of presidency to a Democrat who will appoint a certain type of judge and the Senate that will most likely rubber stamp that choice.”
Bruce Hausknecht, judicial analyst for Focus on the Family’s political arm, said he believed that despite conservatives’ recent political troubles in other arenas, the public still prefers their judicial philosophy.
“This is an issue that if Americans focus on it, it will bring out their conservative side,” he said. “And that could help the political fortunes of conservatives in the future.”
Republicans are going on offense to tarnish potential Supreme Court justice hopefuls, attempting to spark an early fight over President Obama's first nomination to the high court.
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Wendy Long and Gary Marx of the Judicial Confirmation Network penned a memo for activists on the issue last week, predicting, "The first Obama nominee to the Supreme Court will be hailed by Democrats, liberal interest groups and many in the media as a 'moderate.' No matter how liberal, activist, or extreme she may be."
They said they have crafted a video to "expose the liberal activist records of those who have been named as front-runners to fill Justice [David H.] Souter's seat."
Scott Wheeler, executive director for the National Republican Trust PAC, sent a letter to Republican senators, warning that activists "will hold them accountable" for the nomination process, so they should "keep steadfast and stay true to your Republican conservative values and beliefs."
Mr. Wheeler also went after Mr. Obama's empathy standards, saying that because they "have nothing to do with interpreting the law or the rule of law ... It is up to you and your fellow Republican colleagues to stop such a nomination."
Conservatives, on the other hand, have a number of catch phrases they want to apply to Supreme Court nominees. “We will continue to be using the metaphor of the neutral umpire,” said Marx, echoing the language used by now-Chief Justice John Roberts in his 2005 confirmation hearing. Marx listed two other qualifications a justice should possess: “judicial restraint” and “not legislating from the bench.”
He also pulled out a Biblical reference to make his point. King Solomon, he said, did not need “empathy” or “compassion” to resolve the famous baby case. “Was that compassionate?” he asked rhetorically. “No, it was wisdom.”
Despite their success in determining which terms have come to dominate the debate, conservatives acknowledge that their purpose may not be so much to block the confirmation of a justice as to score political and perhaps fundraising points for future elections.
Marx says that the confirmation debate will have “three huge implications”: it will educate the American people about the issues, help them understand Obama’s true political philosophy and set the stage for the 2010 U.S. Senate campaigns.
According to [Brian Darling of the Heritage Foundtion], the effects of this battle could extend to 2012 as well. “Whoever this nominee’s going to be,” he said, “if the court moves forward on gay marriage or restricts the Second Amendment or goes forward with another change that’s unpopular among the American public… that’s something that will affect the president’s reelection bid.”
Still, the game is likely to change considerably when Obama announces his nominee. “To be honest, I think this is all noise,” Darling conceded. “It will become completely irrelevant when the nominee is put forth.”
Finally, the Right sees signs of hope for its chances of stopping Obama’s SCOTUS nominee in their obstruction of Dawn Johnsen’s confirmation:
Curt Levey, executive director of the Committee for Justice, says the stalled Johnsen nomination should send President Obama the message that he does not have a free hand to appoint someone "extreme" to the Supreme Court, even when there are 59 or 60 Democrats in the Senate.
"Dawn Johnsen was an executive branch appointee to the Department of Justice. They get more deference, not less, from the Senate than judicial nominees," he notes. "So, if he were to appoint somebody anywhere near as extreme as Dawn Johnsen to the Supreme Court, the nominee would very likely not be confirmed by the Senate."
A bold but unlikely pick for Obama, according to Levey, would be black Georgia Supreme Court Chief Justice Leah Ward Sears, who is a friend of Supreme Court Justice Clarence Thomas and is more moderate than the other potential High Court picks whose names have been floated.
