Letter to White House Counsel Alberto Gonzales

June 25, 2003
The Hon. Alberto Gonzales
The White House
1600 Pennsylvania Avenue
Washington, DC 20500

Dear Judge Gonzales:

I write to thank you for responding to my letter of June 10 and to express my profound concern that the White House is, as of now, not planning to comply with its constitutional duties should a Supreme Court vacancy occur.

In several recent statements, White House officials have stated that it is "unconstitutional" for the President to consult with the Senate before nominating a Supreme Court Justice. Your letter asserts that while Senators are welcome to offer input, neither the President, nor you, nor any other member of this Administration will engage in a dialogue over whom the pick should be or what principles should guide the selection.

When Ari Fleischer says it is "unconstitutional" for the President to consult with Democratic Senators regarding a Supreme Court nomination, he is turning the Constitution on its head. History, logic, and the text of the Constitution all support a dialogue between the Senate and the White House before a Supreme Court Justice is selected.

The Constitution specifically dictates that nominations be made with the "advice and consent" of the Senate. In fact, the two branches currently engage in dialogue over lower court nominations, and the last two Supreme Court nominations were made after President Clinton discussed the vacancies with, among others, Senator Orrin Hatch, the Republican chairman of the Senate Judiciary Committee. The process should be no different when it comes to the nation's most important court.

Should a vacancy arise, this White House has an opportunity to unite all 100 Senators and the entire nation behind a well-qualified candidate who does not hew to any ideological agenda. If we work together, we stand a much better chance of identifying a nominee in whom all Americans can put their trust and faith.

I stand ready with Senators Daschle and Leahy, as well as the rest of the Senate Democratic leadership, to work with you to find a nominee who will guarantee equal justice under law for all Americans. Should a Justice retire, I hope the White House will reconsider and decide to work with the Senate, as the Constitution actually dictates, to nominate the next member of our nation's highest court.

Sincerely,
Charles E. Schumer
United States Senator