Roanoke Times
Copyright (c) 1995, Landmark Communications, Inc.
DATE: MONDAY, April 18, 1994 TAG: 9404180076
SECTION: NATIONAL/INTERNATIONAL PAGE: A-1 EDITION: METRO
SOURCE: Los Angeles Times
DATELINE: WASHINGTON LENGTH: Medium
At first glance, the decision in question would not appear to merit either label, for it involves nominating to the Supreme Court one of the nation's most highly esteemed federal judges - a noted legal scholar and writer whose work has been praised by admirers ranging from conservative writer William F. Buckley to liberal former Supreme Court Justice William Brennan, and who, before becoming a judge, engaged in precisely the sort of public-interest work that President Clinton values highly.
There is, however, a big problem. U.S. Appeals Court Judge Richard Arnold comes from Arkansas.
"Arnold's credentials are unassailable," a senior White House official said Saturday. "But we don't operate in a world without politics."
As Clinton begins once again to concentrate on filling the court vacancy turned down last week by Senate Majority Leader George Mitchell, Arnold has emerged as one of a small number of leading candidates, administration officials said.
The consideration of Arnold has divided Clinton's advisers between "theorists" and "pragmatists," said one senior official.
The theorists argue that Arnold should not be denied because of an accident of birth. The pragmatists respond that even if it is unfair, this is simply not the time.
One camp contends that a president already besieged by charges of Arkansas cronyism and facing key tests on important legislation can ill afford to name a resident of Little Rock to the nation's highest court.
"Given the climate, it would be a problem," said one leading Clinton adviser.
The other camp asserts that Arnold would be a sure bet if he came from any other state, and that Clinton would appear weak and foolish if he were to decline to appoint him because of what his aides and Clinton himself see as unfair anti-Arkansas prejudice.
"The president cannot fail to appoint him for that reason," said a senior aide. "That would just be political weakness."
But "that's different from saying he's choice," the aide continued, noting that Clinton could decide on the basis of some other issue.
That other issue could be the question of diversity. Clinton is under pressure to pick a member of a minority group for the court vacancy, particularly a Latino. The main Latino candidate, U.S. District Judge Jose Cabranes of Connecticut, lacks Arnold's scholarly credentials and political experience, but many of Clinton's political advisers believe that choosing the nation's first Latino high court justice would be a major plus.
As the debate mounts, Arnold's backers, including some of the country's most prominent judges and lawyers, are waging a quiet campaign to boost his prospects, calling the White House and members of the Senate to urge his nomination. The effort provides a rare glimpse at the backstage jockeying that goes into the making of a high court candidate.
The effort to "nationalize" Arnold's candidacy, as one architect of the effort put it, began last year, when Justice Harry Blackmun's resignation was just an expectation.
Arnold's friends, including Brennan and federal appeals court judges Patricia Wald of Washington and A. Leon Higginbotham Jr. of Philadelphia, put together a special issue of the University of Minnesota Law Review as a tribute to Arnold on his 15th anniversary as an appellate judge. Arnold's friends now actively circulate the issue, which includes favorable reviews of many of his legal opinions.
The campaign has accelerated since Mitchell's withdrawal, with lawyers and judges actively calling members of the Senate urging them to voice support for Arnold. They have concentrated particularly on Republicans, hoping to reassure the White House that appointing him would not set off a partisan battle.
The effort has met with some success. Despite Arnold's liberalism, three conservative Republicans - Sens. Orrin Hatch of Utah, Connie Mack of Florida and Thad Cochran of Mississippi - have voiced support for him recently.
Clinton would like to make the decision before the end of this month, according to White House counsel Lloyd Cutler.
by CNB