Problems:
- The nomination has opened up charges of cronyism. She's very loyal to the President, but doesn't appear to have much of a judicial philosophy.
- She gave money to the Democratic National Committee in 1988, Al Gore's Presidential Campaign in 1988 and Lloyd Bentsen's Senate Campaign in 1987. (Was it because her law firm asked her to, or was she a conservative Democrat then, like a lot of Texans? Was Al Gore pro-life then?)
- We need to ask if this type of nomination is what conservatives have fought for since Reagan vs. Ford in 1976, and in 2000 and 2004. She doesn't appear to be what was promised: a Scalia or a Thomas.
- She has been on Minority Leader Senator Harry Reid's OK list twice.
- She agreed to run (clean up?) the Texas Lottery Commission.
- Her Texas judge friend, Nathan Hecht, says she would be another Lewis Powell (a fine Southern gentleman, but a moderate at best). But then Hecht was speaking on NPR. That she was a national leader in the American Bar Association (ABA) (as opposed to the Federalist Society) seems to put her in the Powell mold.
- It is a done deal. She will be approved by the Senate.
Positives:
- According to Marvin Olasky of World Magazine, who has spoken with her pastor (of Valley View Christian Church), she has been active there for a decade, tithes to that conservative evangelical church, and "has committed her life to Jesus."
- Based on conversations with her colleague, Justice Hecht, she would likely take an evangelical Christian position on abortion. She was a sponsor for Dallas Right to Life dinners while on city council there.
- Dr. Dobson and Chuck Colson have said they have researched her, and are openly supportive.
- She has been on Republican OK lists.
- There may be another opening on the court. Bush will get a third shot.
- As White House Counsel, she bravely pushed Priscilla Owen, Janice Rogers Brown and other solid conservatives in a hailstorm of anger and hostility without buckling to pressure.
- She appeared to be one of the voices for breaking the Democratic filibuster with the "Constitutional option."
- Planned Parenthood is already working against her.
- She's a Texan born and bred (Southern Methodist University / SMU Law). Her cultural influences are not those of a David Souter (Harvard/Oxford/Harvard Law).
- Decision-making on the court can be a collegial affair. She will be influenced by Scalia, Thomas and Roberts and will more likely join their opinions rather than Breyer, Ginsburg or Stevens.
- Here ABA activities include a Texas Bar sponsored effort to get the ABA to switch its position from pro-Roe v. Wade to neutral.
Update: (October 5) Since I developed this ledger sheet, I notice that Al Mohler has done a similar pro- and con- exercise. That can be found here.
