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Friday, May 15, 2009

Law - "Justice Dept. nomination becomes proxy fight for Supreme Court battle "

Reid Wilson reports in The Hill in a long story that begins:

Outside organizations on both the left and right increasingly view the fight over a controversial Justice Department nominee as a proxy battle for President Obama’s first Supreme Court nomination.

Indiana University Professor Dawn Johnsen, whom Obama chose to head the Office of Legal Counsel (OLC), has been one of the president’s most controversial nominations so far. Johnsen was the most vocal critic of the legal counsel’s office in the Justice Department during President Bush’s administration, and has sparked skepticism from Republicans for that outspokenness.

With 59 Democrats in the Senate and Al Franken waiting to be sworn in after a court fight in Minnesota, Democrats should have little trouble pushing through Obama’s nominees. But two Democrats, Sens. Arlen Specter (Pa.) and Ben Nelson (Neb.), have voiced reservations about her qualifications.

Specter said he would oppose Johnsen’s nomination even after his flip to the Democratic Party. Nelson is undecided, but he has said he is concerned with Johnsen’s work as a top lawyer for the National Abortion & Reproductive Rights Action League.

Sen. Richard Lugar (R-Ind.), who represents the nominee’s home state, is the only Republican who has said he will back Johnsen’s nomination and will vote for cloture. Earlier this week, Senate Majority Leader Harry Reid (D-Nev.) said he had yet to achieve the 60 votes needed to cut off debate on the nomination.

Conservative organizations see Johnsen’s nomination as an early opportunity to test a strategy they hope to pursue with a Supreme Court nominee, a strategy aimed at picking off centrist and conservative Democrats instead of focusing exclusively on the Republican Conference. In essence, the groups will try to play offense instead of defense.

Posted by Marcia Oddi on May 15, 2009 10:21 AM
Posted to General Law Related