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(Alberto)
GONZALES | |
WASHINGTON - From the day he set foot in
the White House as President Bush's chief counsel, Texan Alberto
Gonzales has consistently been touted as a prospect for an even
higher calling: the first Hispanic nominee to the U.S. Supreme
Court.
But as speculation mounts about an imminent Supreme Court
vacancy, the president's lawyer is engulfed in criticism from across
the political spectrum, threatening his potential nomination before
Bush even has a chance to make it.
Conservative purists are attacking his stance on affirmative
action and abortion decisions rendered as a Texas Supreme Court
justice. Liberals are challenging his role in White House decisions
they say threatened civil liberties. And even some Hispanic groups
are hedging on a potential endorsement until they further scrutinize
his record.
The drumbeat of criticism comes amid growing talk that at least
one and as many as three elderly justices could announce their
retirements after the high court recesses Thursday.
Chief Justice William H. Rehnquist, 78, Sandra Day O'Connor, 73,
and John Paul Stevens, 83, are considered as possible retirees from
the court. All three have kept quiet about their intentions and some
court-watchers caution that talk of high court departures is
premature.
As White House counsel, Gonzales, 47, is in charge of screening
all presidential judicial nominees, a position that could presumably
give him a say in his own nomination to the Supreme Court. But he
has consistently brushed aside any talk of the nomination, keeping
the focus on his job as the president's top legal adviser.
Nevertheless, insiders and observers have considered Gonzales to
be on the Republican president's short list of Supreme Court choices
since the outset of the Bush White House in January 2001. He has
been at his boss's side since Bush was governor of Texas and
embodies a rise-from-poverty success story that Bush has frequently
cited as an example of American achievement.
The son of migrant farm workers, Gonzales grew up in a
two-bedroom house in Houston and won an appointment to the Air Force
Academy before turning his sights on law. With a law degree from
Harvard, he joined the Vinson & Elkins law firm in Houston,
became a top adviser for Gov. Bush and later served on the Texas
Supreme Court.
Supporters inside and outside Bush's circle call Gonzales an
ideal candidate to become the nation's first Hispanic nominee,
describing him as a pragmatic conservative with formidable legal
experience. "I think he's a great man and would make a wonderful
justice," said Reggie Bashur of Austin, a lobbyist who worked
closely with Gonzales during their days in the Texas governor's
office.
But the possibility of a Supreme Court vacancy has ignited a
pre-emptive campaign against Gonzales' nomination, including attacks
from the staunchly conservative wing of Bush's own party.
Part of the conservative backlash stems from the Supreme Court's
5-4 decision this week upholding affirmative action on college
campuses, a ruling vehemently criticized by conservatives who oppose
the use of race as a factor in employment or school enrollment.
As the White House weighed in on the case in advance of the
decision, Gonzales argued against a hard-line position opposing
affirmative action and, in the view of conservative critics, was at
least partly responsible for the Supreme Court decision.
"I don't think conservatives are happy with the role Judge
Gonzales played," said Linda Chavez, president of the Center for
Equal Opportunity, who challenged the use of race-based standards at
the University of Michigan.
Christian Right and anti-abortion groups have also become
increasingly vocal against Gonzales, in part because of his
decisions on the Texas Supreme Court in 2000.
During Gonzales' tenure, the court ruled on at least six cases
under the Parental Notification Act that requires minors to notify
their parents before seeking an abortion. The law enables girls to
file "Jane Doe" appeals to waive parental consent if they prove that
they are mature and "well-informed" enough to make the decision
themselves or would be subject to parental abuse.
The court denied three Jane Doe appeals and sent two back to the
lower courts. The sixth, involving a 17-year-old, was initially sent
back to a lower court but was approved on a second appeal.
In a concurring opinion, Gonzales wrote that the wording of the
law left him no choice but to approve the request: "While the
ramifications of such a law and the results of the court's decision
here may be personally troubling to me as a parent, it is my
obligation as a judge to impartially apply the laws of this state
without imposing my moral view on the decisions of the legislature,"
he wrote.
But Janet Folger, president of Faith2Action, an anti-abortion
group, suggested that Gonzales' vote on the case was tantamount to
sanctioning abortion. She also hinted that Gonzales may come under
criticism today when the anti-abortion group conducts a Washington
press conference with a coalition of other conservative
organizations.
"Any judge that would rule against parental notification, the
American people are going to have enormous concern against that
particular judge," she said.
Other conservatives are also angry at Gonzales for what has been
interpreted as critical remarks against Priscilla Owen, his
colleague on the Supreme Court who voted against the exemption on
the parental notification case. Without naming names, Gonzales
suggested that dissenters Owen and Nathan Hecht were engaging in
"judicial activism."
Owen's remarks were later recycled by Senate Democrats in an
attempt to derail her nomination after Bush nominated the Texas
jurist to a three-state appeals court. Gonzales, as the White House
counsel, argued on behalf of the nomination although he had
reportedly favored another nominee. Owen's nomination is still
awaiting Senate approval.
Tom Minnery, vice president of Focus on the Family, an
evangelical organization based in Colorado Springs, Colo., accused
Gonzales of supplying "one of the clubs" Democrats used against Owen
during the nomination fight.
"He's absolutely unacceptable to us for the Supreme Court,"
Minnery said.
From the other end of the spectrum, the People for the American
Way plans to take an intense look at Gonzales' behind-the-scenes
role as the president's counsel, says president Ralph Neas. The
organization, which is already organizing opposition to whomever
Bush nominates, is particularly concerned about Gonzales' role in
drafting executive orders limiting public access to presidential
records and creating military tribunals to try non-U.S. citizens in
terrorism cases.
Craig McDonald of Texans for Public Justice, a legal watchdog
group, said Gonzales, like other members of the Texas Supreme Court,
ruled heavily in favor of business and accepted campaign donations
from companies that had cases before the court.
"He was a good Republican, good pro-corporate judge, and I use
the term loosely," McDonald said. "He was pretty good to corporate
interests at the expense of consumer interests."
Gonzales has said that he steadfastly made his decisions based
strictly on the law, and his defenders describe him as a skilled and
tireless jurist who would not attempt to inject political opinions
into his interpretations. Bashur says he is unquestionably a
conservative.
Although Hispanic groups have pushed for years for a Hispanic
nominee to the nation's highest court, not every organization
representing them is prepared to automatically embrace Gonzales'
nomination.
"We would certainly welcome that, but just being a Latino isn't
enough," said Vibiana Andrade, vice president of public policy for
the Mexican American Legal Defense and Education Fund. The
organization, she said, would take a "very careful" look at
Gonzales' record before deciding on an endorsement.