Big Business to Spend Millions Lobbying for Corporate-Friendly Judges
An industry group's plan to spend millions promoting conservative nominees brings a new dimension to the divisive confirmation battles.
By Tom Hamburger and Peter Wallsten
First published by the L.A. Times, January 6, 2005
WASHINGTON - A powerful business lobby is preparing a multimillion-dollar
campaign to aid the White House in its quest to win approval for conservative
judges, a move that could transform the ideological battles over the federal
judiciary and the Supreme Court.
The new effort on behalf of some of the nation's biggest manufacturers will
increase the cost, visibility and intensity of an already divisive confirmation
process, one that has been dominated by social issues.
The shift puts the business lobby on the same side as social conservatives.
The corporate world has long shied away from such controversial issues as
abortion, but enthusiastically supports the Bush administration's campaign
to rein in what it considers frivolous lawsuits against businesses and physicians.
The strategy's engineer is former Michigan Gov. John Engler, a longtime friend
of President Bush who recently took the helm of the National Assn. of Manufacturers.
Engler said in an interview Wednesday that his organization would make
confirmation of judicial nominees a top priority for the first time - providing
money and a recently honed ability to stir grass-roots action nationwide.
The group plans to spend millions of dollars on the campaign, but the exact
amount has not been decided.
He said federal judicial confirmation debates are important to business,
particularly because of judges' roles in civil liability cases.
"There has been too much of a tendency in the past to cast these judgeship
battles as a social debate about abortion or gay rights. In fact, there are
very few of those cases in contrast to those dealing with the tort system and
the rights of individuals and companies," Engler said.
Engler's comments came on a day Bush promoted limits on medical malpractice
lawsuits and a week after the president announced he would reappoint judges
whose confirmation had been blocked by Democrats during his first term.
Although several of those nominations received wide attention, until now
they had generally not been the subject of expensive television and grass-roots
lobbying campaigns.
Longtime observers said the involvement of well-heeled organizations such
as the manufacturers' group - which represents such large, blue-chip firms
as General Motors, Boeing and Caterpillar as well as 10,000 small and medium-sized
manufacturers - could increase pressure on moderate senators whose votes
helped block confirmation for 10 of the 34 Bush nominees to federal appeals
courts in the past two years. Several of those senators face reelection in
2006 and are already facing threats from religious conservative leaders if
they try to block conservative jurists.
"It's certainly going to up the ante and increase the pressure on vulnerable
Democratic senators," said one senior Democratic Senate aide, who spoke
on condition of anonymity. "I can't think of a similar situation where
a group so little identified with such a debate is getting involved at this
level in this way."
It was not clear Wednesday to what extent, if any, Engler was coordinating
with administration officials. White House spokeswoman Erin Healy declined
to comment on that, saying only that the administration "welcomes support
of the president's judicial nominees."
Engler said he was finalizing plans with the group's board to establish
a new organization, the American Justice Partnership, which would be housed
inside the National Assn. of Manufacturers, or NAM . Engler said his initiative
would focus on federal nomination fights - as well as state judicial issues - and
it would be dedicated to grass-roots politics, not policy.
He hopes it will take advantage of the expansion of another NAM-funded group,
the Business Industry Political Action Committee, or BIPAC, which operates
get-out-the-vote and communications drives on behalf of business-friendly
candidates.
During the 2004 campaign, BIPAC received credit for increasing pro-business
turnout in battleground states, reaching 19 million employees with more than
40 million tailored messages. BIPAC president and chief executive Greg Casey
confirmed recent discussions with Engler that he said could lead to an expansion
of BIPAC's traditional role.
The manufacturers' initiative came as a surprise to the coalition of civil
rights and abortion rights groups that have fought Bush's nominees.
Ralph Neas, who directs the liberal People for the American Way , said his
organization would gear up to match the new effort, particularly on Supreme
Court races. Neas predicted the move would backfire on Engler.
"I believe that a sizable percentage of NAM 's membership would be stunned
to learn that NAM 's leadership has decided to join the right wing's effort
to eliminate a constitutional right to privacy, to strong civil rights protection
and a woman's right to reproductive freedom," Neas said.
Engler rejected the analysis.
"That kind of spin trivializes what's involved in nominations to the courts," the
former governor said. "The whole effort to cast this in terms of a few
social issues that Neas and his supporters deem important ignores the fact
that much of the work of the courts has to do with America 's ability to compete
internationally."
That argument was made in recent years by another Bush friend, C. Boyden
Gray, who established a Washington-based organization that supported conservative
judicial nominees. Gray's organization, the Committee for Justice, has aired
ads backing beleaguered Bush nominees. Engler sits on the board of that organization.
At the left-leaning Alliance for Justice, a coalition of public interest
groups, spokeswoman Julie Bernstein said the manufacturers' plans were "payback
for all the gifts that Bush has given to the business community."
Lynn Rhinehart, associate general counsel of the AFL-CIO, said the involvement
of major corporations meant labor might have to spend more time and money
this year blocking those nominees perceived "to be hostile to the
interests of working people." From labor's point of view, a judicial
branch dominated by pro-business judges could close off a last recourse
for workers who feel harmed by regulatory and legislative decisions.


