Analysis: Miers Withdrawal Was Damage Control

ByABC News via via logo

Oct. 30, 2005 — -- Now that Harriet Miers's nomination has imploded, all eyes are on President Bush to see who he will nominate to fill Justice Sandra Day O'Connor's Supreme Court seat. A nominee could come as early as Monday and almost certainly will be announced before Bush leaves for South America on Thursday.

Stuart Taylor, legal affairs editor of National Journal, has identified some potential nominations. Here are some people Bush might nominate, according to Taylor:

However, McConnell spoke out against the Supreme Court decision in favor of Bush during the election of 2000, arguing that the state of Florida should have been given more time to settle the matter.

Taylor said McConnell may be the most "confirmable" of the bunch -- and confirmable is what Bush is after -- because McConnell is a law professor and, despite his conservatism, is considered a great legal mind by many liberals.

Alito also has the type of lengthy record that should please many conservatives -- including being the sole dissenter in a case that was attempting to strike down a law requiring married women to consult their husbands before getting an abortion.

Luttig's father was viciously killed by a carjacker in 1994, and the killer was given the death sentence, which was later appealed to the Supreme Court. Because of his personal connection to the issue, Luttig's critics say he should recuse himself from all death penalty cases.

When Luttig was judge, he upheld a law allowing partial-birth abortions, which was later overruled by Supreme Court.

Cornyn spearheaded the push to adopt constitutional amendments banning gay marriage and flag-burning and favors school vouchers, prayer in public schools, extending the Bush-initiated tax cuts beyond 2010 and privatizing Social Security. He opposes abortion and partial-birth abortions except when a woman's life is endangered.

If Cornyn or Kyl is nominated, he might face a less-grueling confirmation hearing than other potential nominees. Historically, when senators come before their colleagues during a Congressional confirmation hearing, their fellow senators go a little easier on them.

ABC News Live

ABC News Live

24/7 coverage of breaking news and live events