6 solid conservatives comprise Bush short list for Supreme Court

WASHINGTON — President Bush's best bets for filling a potential vacancy on the Supreme Court include six solidly conservative federal judges, each of whom has unique qualities that could make all the difference.

The president might choose, for example, a gregarious Texan with whom he might click personally. Or a courtly Virginian who has backed Bush in the fight against terrorism. Or a former Marine long viewed as a leading candidate to become the first Hispanic on the high court.

Speculation about who is on Bush's short list changes daily. So does the betting on when — or even if — an opening might come.

But with 80-year-old Chief Justice William Rehnquist battling cancer and eight of the nine justices over age 65, the White House wants to be ready.

Bush has gone about winnowing his list with trademark secrecy. That has not stopped interest groups and court watchers from feverishly ranking and re-ranking their lists of contenders.

Any self-respecting list, however, must factor in the all-important caveat that Bush has shown a great penchant for disregarding conventional wisdom in his appointments. Consider the selection of Dick Cheney as vice president on Bush's ticket in 2000.

"The president goes with his gut," said Wendy Long of the Judicial Confirmation Network, which is rallying support for the White House's judicial nominees. "He's not afraid to fight for someone he believes in if he thinks it's the right person."

The latest thinking focuses on six judges on federal appeals courts.

Not one is a household name. All are very familiar to observers who have scoured their resumes, writings and public utterances for clues as to how they would rule if they were named to the Supreme Court.

Three others circulating as candidates for the court are Judges John Roberts of the U.S. Court of Appeals for the District of Columbia Circuit; former University of Utah professor Michael McConnell of the 10th Circuit; and Samuel Alito of the 3rd Circuit.

One name that consistently pops up is J. Michael Luttig, a Texan who was named in 1991 by then President George H.W. Bush to the 4th U.S. Circuit Court of Appeals, based in Richmond, Va.

Luttig, then 37, became the youngest federal appellate judge. At 51, he still has a boyish look and playful manner that belie his judicial experience on what is considered the most conservative of the appeals courts.