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Once a Judge, Now Bush’s Legal Guide

Some of Gonzales’ less conservative opinions in Texas made some on the right in Washington hesitant about his ability to advance national conservative interests.

“Gonzales’ record on the Texas Supreme Court, in short, is not that of a Scalia-style conservative. And Gonzales’s friends from the period confirm that the record honestly reflected his judicial philosophy,” the New Republic wrote.

But while Gonzales may have been a moderate on the Texas Supreme Court, as counsel to the President he has proven himself to be a unwavering advocate of Bush’s conservatism.

“A lot of people thought, ‘Who is this Gonzales guy? He’s going to come to Washington and Washington will chew him up,’” Charles Cooper, an assistant attorney general under President Reagan, told USA Today. “But he has done a great job...with Bush’s very conservative outlook.”

As Bush’s primary advisor on judicial appointments, Gonzales has consistently recommended conservatives, and given little ground to Senate Democrats in the selection process.

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He also cut the American Bar Association (ABA) out of the selection process, ending what has long been standard operating procedure for the last 50 years of administrations—including those of Reagan and the elder Bush—to have the ABA vet nominations. Republican politicians have often accused the ABA of being liberal.

In addition, Gonzales has been a major proponent of Bush’s anti-terrorism agenda. He has staunchly defended the use of military tribunals, as opposed to civilian courts, to try people suspected of terrorist activity. He authored legal arguments to exclude al-Qaeda and Taliban detainees in Guantanamo Bay from prisoner-of-war status.

Gonzales has also shielded the Bush administration from investigations, most notably in his strong attempts to block the General Accounting Office from acquiring documents regarding Vice President Cheney’s connections to Enron.

But while Gonzales may face future political opposition from both hard-line conservatives who oppose some of his social positions, as well as liberal Democrats who oppose his conservative record as a Bush loyalist, it is clear that his is a name to watch.

—Staff writer Stephanie M. Skier can be reached at skier@fas.harvard.edu.

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