Key Point: Americans want unity instead of divisiveness from Bush's Supreme Court pick. Through meaningful consultation with the Senate, Bush can use a Supreme Court vacancy to unite the country.

1. Americans Believe the Senate should do its Job and Protect the Rights of all Americans. A recent poll shows that Americans believe:

*The Senate should reject a nominee who is weak on rights.
*Senate Review is important to make sure a nominee is in the country's best interest.
*The Senate should act to preserve checks and balances.

2. Confidence in Bush's ability to choose a nominee has declined after the divisive fight over his extreme Circuit Court choices. Bush should honor the spirit of the compromise by the "Gang of 14" and choose to take the path of meaningful consultation.

3. Meaningful Consultation is Key. Meaningful Consultation will result in a nominee the country can unite around.

4. Meaningful Consultation is not:

*Checking names off a list.
*Giving Senators a heads-up once a choice has been made.
*Making a courtesy call with no real discussion.

5. Meaningful Consultation is working with the Senate to pick a nominee who will unite the country and protect the rights of all Americans.

6. Meaningful Consultation is the Norm: President Clinton and Senator Hatch discussed Supreme Court nominees. The result was easy confirmation of Justices Breyer and Ginsburg.

7. Our standard for the consideration of a nominee is clear:

*Can we count on that person to fully protect the individual rights and freedoms of Americans?
*Can we count on that person to come to each and every case with an open mind and a balanced perspective, rather than with an ideological or partisan *agenda?
*Can we count on that person NOT to play favorites by consistently siding with powerful special interests over the interests of average citizens?

8. If the President chooses a nominee who meets these basic standards, Democrats will support his choice.

Additional Points:

*There is no more important decision in terms of protecting the rights and liberties of all Americans than choosing a Supreme Court justice.

*President Bush must seek the advice of Senators from both parties before making a nomination, and choose a mainstream nominee who all Americans can trust to protect our most important rights and freedoms.

*No Senator of either party should ever be a rubber stamp for a president's nominee.

*We hope this process can be one of consensus rather than confrontation, but that will be up to President Bush. If the President selects someone from outside the mainstream, we will do our duty to maintain our system of checks and balances.

*Senate Democrats are ready to ensure that those who receive lifetime appointments to our highest court are impartial in upholding our laws and our Constitution, are balanced in their judicial approach, and committed to the rights of our people.