Sen. Patrick Leahy on why Bush should consult with the Democrats before making a nomination to the Supreme Court:

True consultation about nominations is in the best traditions of our republic. So it is regrettable that, with varying degrees of hubris and raw partisanship, some in this Administration have regarded consultation on just about everything as a four-letter word. The Constitution divides the appointment power between the President and the Senate and expects Senators to advise the President, not just rubber-stamp his choices. In fact, for most of the Constitutional Convention the Founders had assigned the constitutional power to appoint judges exclusively to the Senate. Toward the end of the convention, as part of the system of checks and balances, the appointment power was shared between the Senate and the President. Shortly afterward, William Maclay noted this in his famous journal: "[W]hoever attends strictly to the Constitution of the United States will readily observe that the part assigned to the Senate was an important one -- no less than that of being the great check, the regulator and corrector, or, if I may so speak, the balance of this government . . . ." The Senate's role in the process is not secondary and is not confined simply to a vote. The Constitution expressly speaks of the Senate's authority to "advise" as well as the power to "consent," which includes the power to withhold such consent.

In light of this history of the advice and consent clause of the Constitution, I was especially disappointed last week to see reports suggesting that President Bush is inclined to reject our overture to employ collaboration to head off a bitter fight. The President's spokesman was way off base when he termed the idea of bipartisan consultation, quote, "a novel new approach," and when he suggested that consultation with Senators before a Supreme Court nomination would somehow violate the Constitution. That constitutional interpretation would draw an F from any high school civics teacher. Other presidents have consulted with the Senate in choosing Supreme Court nominees, with good results for the Court and for the American people.

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