Smooth Sailing For Roberts

Senators Shift Focus To Battle Over Next Supreme Court Nominee

(CBS/AP)  Senate continued debate on John Roberts' nomination as chief justice Tuesday, with a vote on his near-certain confirmation planned for Thursday morning.

While Roberts' confirmation was the subject of the debate, senators were spending as much time talking about President Bush's next nominee as they were about the man who will become the nation's 17th chief justice.

Sen. Orrin Hatch, R-Utah, accused Roberts' opponents of trying to get Democrats to vote against the conservative U.S. Appeals Court judge "in large part to somehow send a message to President Bush as he deliberates on how to fill the remaining vacancy on the Supreme Court."

Mr. Bush is expected to announce a replacement for retiring Justice Sandra Day O'Connor, one of two women on the high court, soon after the Senate confirms Roberts. The president is under pressure from many quarters — including his wife – to pick a woman or a minority.

Mr. Bush said Monday he'll "pick a person who can do the job. But I am mindful that diversity is one of the strengths of the country."

The White House is on the verge of completing its consultation with the Senate on the second seat, Bush spokesman Scott McClellan said Tuesday. As many as 70 senators have been contacted, as have 17 of the 18 Judiciary Committee members, he said.

"I think we were essentially wrapping that process up as early as today," McClellan said.

On Tuesday, Sen. Ken Salazar of Colorado, one of Roberts' Democratic supporters, urged the president not to "allow the clock of progress for our country, and in particular for women, to be turned back by diminishing the number of women on the court."

Salazar, one of only two Hispanic senators, also called for Mr. Bush to consider nominating the Supreme Court's first Hispanic justice. It would be "an historical appointment," he said in a letter to the White House.

With 17 Democrats now on record as supporting Roberts and all 55 Republican senators expected to vote for him, Roberts is assured of being confirmed to succeed the late Chief Justice William H. Rehnquist.

Democrats also are trying to use floor speeches to pressure the president into picking a mainstream conservative instead of a hard-line conservative.

"I encourage President Bush to nominate someone for Justice O'Connor's seat who will further unite the citizens of our great nation, rather than drive a political wedge between them," said Sen. Tim Johnson of South Dakota, who has announced his support for Roberts.