Nov. 8, 2004

Thunder On The Right

GOP Senator In Hot Water Over Judiciary-Abortion Comments

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(CBS/AP)  Sen. Arlen Specter, R-Pa., is struggling to survive a storm of criticism ignited by his remark that judicial nominees who oppose abortion rights would face difficulty in getting confirmed by the Senate.

Specter was expected to become chairman of Senate Judiciary Committee in the new Congress, but conservative anger over the GOP moderate's comment has taken Specter's elevation out of the "sure thing" category.

At a news conference following the election last week, Specter, who supports abortion rights, said Democratic filibusters would make it hard to secure the confirmation of anti-abortion court nominees.

"I would expect the president to be mindful of the considerations which I am mentioning," Specter said.

His remarks were widely interpreted as a warning to President Bush to refrain from selecting Supreme Court nominees who opposed abortion rights.

Conservatives denounced Specter's comments and the Pennsylvania senator has been practicing damage control ever since.

"The fact is that I have supported all of President Bush's nominees in committee and on the floor. I have never applied a litmus test," Specter said Sunday on CBS News' "Face the Nation."

Specter said he was only pointing out a political fact: Republicans alone lack the votes to quash a Democratic filibuster of a Bush nominee. He also said his support for abortion rights would not get in the way of a judge who didn't back those rights.

"Although I am pro-choice, I have supported many pro-life nominees," he said.

The explanation hasn't mollifed conservative critics.

"Senator Specter is a big-time problem for us, and we're very concerned about him," said James Dobson, founder of the conservative Christian lobbying group Focus on the Family.

"There are many, many members of that committee that are more qualified and less of a problem than Senator Specter," Dobson said.

With Chief Justice William Rehnquist ailing from thyroid cancer, much speculation has arisen about whether the president soon may have to make a Supreme Court nomination. And as head of the Judiciary panel, Specter would have wide latitude to schedule committee hearings and votes.

Specter received valuable help from the White House and Mr. Bush in beating back a strong challenge from a conservative Pennsylvania congressman in the state's GOP Senate primary.

The White House so far seems to be taking a hands-off approach to the Specter controversy.

On "Fox News Sunday," White House political adviser Karl Rove said Mr. Bush would nominate only judges who would "strictly apply the law, strictly interpret the Constitution" from the bench.

"He views judges as the impartial umpires," Rove said. "They shouldn't be activist legislators who just happen to wear robes and never face election, ... (who) feel free to pursue their own personal or political agenda."

Rove said Specter has assured the president that he would make certain that all appellate nominees receive a prompt hearing and reach the Senate floor.

"Senator Specter's a man of his word, and we'll take him at his word," Rove said.


©MMIV, CBS Broadcasting Inc. All Rights Reserved. This material may not be published, broadcast, rewritten, or redistributed. The Associated Press contributed to this report.
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