NewsHour: Supreme Court Politics – October 2, 2000

RAY SUAREZ: For more on what’s at stake for the Supreme Court this presidential campaign we turn to two congressional spokesmen for the Bush and Gore campaigns: Republican Asa Hutchinson of Arkansas and Democrat Barney Frank of Massachusetts. They are both on the House Judiciary Committee.

Joining them are two Supreme Court watchers: Stuart Taylor, legal affairs correspondent for National Journal and Newsweek, and Anthony Lewis, a columnist with The New York Times. Representative Hutchinson, this is one of the longest periods of the stable membership of the court in American history. These nine men and women have been there for six years with no changes.

What should voters be thinking about this fall, as they consider who should be the next president and how that may change the court?

REP. ASA HUTCHINSON: Well, I think first they have to realize how significantly it could change the court — in the last term, I think there were 70 decisions, one-third of those were a 5-4 decision on a whole host of issues, from partial birth abortion to the case involving the Boy Scouts — 5-4 decisions.

And so if the next president would appoint one, two or three, then it could be a significant change in the tilt, the balance of the court. Governor Bush has indicated that he does not have any litmus test for those; he wants to make sure that they are well qualified, reflect his general philosophy.

If you look at his record in Texas, his appointees represent all walks of life. 50 percent of them were women and minorities. And so I think that’s how he would approach appointees to the United States Supreme Court.

RAY SUAREZ: And Congressman Frank, let me move to you, what would you ask voters to keep in mind about the makeup of the Supreme Court and who the next president will be?