Roberts choice rewards right wing without sparking big Demo revolt

WASHINGTON — President Bush gave the right wing what it wanted, a certified conservative who could tip the Supreme Court to the right. At the same time, he robbed liberals of what they sought — a fire-breathing ideologue who would trigger an epic fight.

In selecting Judge John G. Roberts, Bush sought to put his conservative stamp on the high court for the next generation or so while making it hard for Democrats to stop him.

With Republicans controlling the White House and the Senate, Bush had the luxury of choosing from a vast selection of conservative candidates. The only question was how far to the right would he go?

"With some nominees you might have said, well, there's a darn good shot that's going to be a consensus nominee. With others you'd say, there's a darn good shot it's not going to be a consensus nominee. He's in the middle," said Sen. Charles Schumer, D-N.Y.

Democrats acknowledged privately that Roberts' record does not lend itself easily to attack. There will be a fight, they predicted, but it will likely not be nuclear. Certainly, Senate Minority Leader Harry Reid did not sound like a man throwing down the gauntlet when he said, "The president has chosen someone with suitable legal credentials, but that is not the end of our inquiry."

Even the criticism of special-interest groups sounded halfhearted. "John Roberts' record raises serious concerns as well as questions about where he stands on crucial legal and constitutional issues," said Ralph Neas, president of the liberal People for the American Way. He expressed disappointment in the pick but did not call on Democrats to defeat it.

Roberts would replace Justice Sandra Day O'Connor, a Reagan appointee who often provided the deciding vote in split decisions. Conservative leaders who helped elect Bush made it clear this was payback time: They wanted a nominee with a long and clear record of social conservatism who could tip the court to the right on abortion, gay rights, prayer in schools and other hot-button issues.

They got what they wanted — to a point.

"It's a home run," said Wendy Long, a lawyer representing the conservative Judicial Confirmation Network. "The president promised somebody who would strictly apply the Constitution, and that's what we got in Judge Roberts."

Conservative leaders said they would have been happier with Bush's short-list candidates who have longer and clearer records of conservatism, such as Judge J. Michael Luttig of the 4th U.S. Court of Appeals in Richmond, Va., and Judge Janice Rogers Brown of the U.S. Appeals Court based in Washington.