Bush narrows Supreme Court selection to 2, sources say

With an announcement expected Sunday or Monday, administration officials have narrowed the focus to Judges Samuel Alito of New Jersey and Michael Luttig of Virginia, sources involved in the process said. Both have sterling legal qualifications and solid conservative credentials, and both would set off an explosive fight with Senate Democrats, who are demanding a more moderate nominee to replace Justice Sandra Day O'Connor.

Sources close to the process cautioned that Bush still could pick someone else, noting that he had wanted to name a woman to replace O'Connor. He had considered Priscilla Owen of Texas, another federal appeals court judge, before tapping Miers, and she remains a distant possibility, administration sources said.

But sources in the administration and others involved in the process - outside the handful in Bush's tight inner circle who were weighing the selection this weekend at Camp David - said a nominee other than Alito or Luttig would come as a surprise.

"Those are the only two names anyone is aware of," said a source who has been closely involved in the selection process and who asked not to be identified.

The conservative legal community that ardently opposed Miers' nomination - and helped force her withdrawal on Thursday - would embrace either judge, although Luttig is more well-known and would win most enthusiastic support.

Luttig also could provoke the most opposition, at least initially, from Democrats who already are threatening to filibuster any nominee they consider too conservative.

The White House is focusing on Alito and Luttig because both men have the judicial experience and intellectual heft Miers' opponents felt she lacked for the critical O'Connor vacancy. Both are so well-versed in constitutional law that they could deftly handle senators' questions. Miers, a nonjudge, did not impress key senators in private meetings and struggled in practice sessions designed to prepare her for confirmation hearings.

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President George W. Bush on Saturday was narrowing his choices of Supreme Court nominees to replace Harriet Miers as Republicans said the short list consisted of highly credentialed, solidly conservative judges.

Among the candidates most talked about were appeals court judges Michael Luttig and Samuel Alito. Bush, who is spending the weekend at his Camp David retreat, was expected to unveil his choice within days.



A source close to the selection process who spoke on condition of anonymity said avoiding a battle with Democrats, who have warned Bush about picking a right-wing activist, would not be the president's top priority.

"What we know from the Miers nomination is that people on all sides of the political spectrum wanted the highest quality, and that's what the president will deliver," the source said.

"I think it will be extremely difficult for Senate Democrats to oppose someone who is extraordinarily well qualified and who shares the president's judicial philosophy," the source added.

Conservatives are eager for a conservative in the mold of justices Antonin Scalia and Clarence Thomas to replace the retiring Sandra Day O'Connor, a moderate conservative and often pivotal swing vote on the divided court.

Luttig, 51, a judge on the 4th U.S. Circuit Court of Appeals in Richmond, Virginia, worked as a clerk for Scalia when Scalia was an appeals court judge.

He helped in the effort to get Thomas and Supreme Court Justice David Souter -- both nominated to the high court by Bush's father -- confirmed by the Senate. Luttig also has worked in the Justice Department and private practice.

Alito, 55, is sometimes given the nickname "Scalito" -- a comparison to Scalia, who shares his Italian heritage as well as his reputation for conservatism and a strong intellect. He is a judge on the 3rd U.S. Circuit Court of Appeals in Philadelphia.

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