Roanoke Times
Copyright (c) 1995, Landmark Communications, Inc.
DATE: TUESDAY, July 24, 1990 TAG: 9007240190
SECTION: NATIONAL/INTERNATIONAL PAGE: A-1 EDITION: METRO
SOURCE: Associated Press
DATELINE: WASHINGTON LENGTH: Long
If confirmed by a majority of the Senate, Souter, a 50-year-old bachelor from New Hampshire, would succeed William Brennan, who retired last Friday.
Bush's quick decision took Washington by surprise and shifted the nation's attention to the Senate Judiciary Committee, which is certain to examine Souter's record and explore his views on abortion and other issues.
With Souter standing at his side, Bush described Souter as "a remarkable judge of keen intellect and the highest ability." He chose his nominee after meeting him for the first time earlier in the day.
The president said it would have been "inappropriate" to apply an abortion "litmus test" on his nominee. He said the selection was not geared to any single issue but to his ability to interpret the law.
There's little doubt Brennan's replacement will have a key vote. The court has been sharply split in recent years, with a succession of 5-4 decisions on controversial issues involving civil rights, freedom of speech, affirmative action and criminal justice. Brennan voted a consistently liberal line.
Souter, who would be only the sixth bachelor in the court's history, has been on the federal appeals court for such a short period of time that he has not yet penned an opinion.
Gordon Tiffany, like Souter a former New Hampshire attorney general, said it is hard to classify Souter's judicial philosophy.
"Whether it's liberal or conservative, it's not the issue in his mind. The issue in his mind is what was intended in the Constitution," Tiffany said.
Conservatives hoped Bush would give them a nominee who would overthrow the 1973 Roe-vs.-Wade decision that legalized abortion.
The nomination appeared to underscore the influence exercised by John Sununu, Bush's chief of staff, who as governor of New Hampshire had put Souter on that state's Supreme Court in 1983. Like Bush, Sununu is an outspoken opponent of abortion.
Andrew Card, Sununu's deputy, said Sununu did not suggest Souter to Bush.
At a news conference, a questioner noted that Bush and Sununu both have widely known views against abortion and asked why people shouldn't think that Souter's abortion view was known to Bush even if Bush did not question him about it.
"I told you it's not," Bush said.
The National Right to Life Committee, a leading anti-abortion group, said it did not believe Souter had ever expressed an opinion on abortion. But the committee said it was pleased that Bush said he chose Souter because of his philosophy of not trying to legislate from the bench.
Bush noted that Souter had won unanimous Senate confirmation when he was nominated in January for the appeals court, perhaps implying that he hopes the nomination won't trigger a political free-for-all in the Senate.
"We're not bracing for some horrendous fight with the United States Senate," Bush said.
But Sen. Patrick Leahy, D-Vt., a liberal member of the Senate Judiciary Committee, said it would be "naive" to think that Souter would not be quizzed about abortion.
"There will be a lot more known about him, I guarantee you that," said Leahy.
In fact, pro-choice groups demanded that the committee sound Souter out on his abortion views.
"The American people need to know where Judge Souter stands on the issues of individual and human rights," said Judith Lichtman, president of the National Women's Legal Defense Fund.
Senate Majority Leader George Mitchell praised Souter's experience but did not express an opinion on the nomination. Mitchell promised Democrats would conduct prompt and fair hearings.
Sen. Strom Thurmond, R-S.C., the ranking Republican on the Judiciary Committee, said he expected few if any fireworks over Souter's record "because he just went on the court in April."
When Bush nominated Souter for the appeals court, the American Bar Association's screening committee called him "well-qualified" - its highest rating for judicial nominees.
Bush said he decided on Souter earlier in the day.
"The excellence was just there," Bush said.
The president praised Brennan as well, calling the court's longtime leading liberal "one of the greatest figures of his age."
Just three months ago, Souter - it rhymes with scooter - took his place on the 1st U.S. Circuit Court of Appeals after being nominated for that post by Bush in January. He had been a judge in New Hampshire for 12 years.
Spokesman Marlin Fitzwater said Souter and Bush met in the White House Monday. He said one other candidate was interviewed by the president, but he would not identify the person.
Fitzwater said Bush filled three legal-sized pages with his "handwritten feelings or conclusions about the candidate" gleaned from the 45-minute interview with Souter in the family quarters of the White House.
Finally, after waiting elsewhere in the White House for two hours, Souter was summoned to the Oval Office at 4:15 p.m. and offered the job.
The judge "just said that he was very honored," Fitzwater said.
Bush said the process of screening candidates for a potential vacancy had been under way for some time, but not in anticipation that Brennan was about to give up his seat.
Bush said his quick selection was not geared to abortion policy or any other single issue. "It is not appropriate . . . to use any litmus test," Bush said.
by CNB