In it, but not of it. TPM DC

Here are the line-ups for the Sunday talk shows this weekend:

• ABC, This Week: Sen. Patrick Leahy (D-VT) and Sen. Orrin Hatch (R-UT); Richard Besser, Acting Director of the Centers for Disease Control and Prevention; Sec. of Homeland Security Janet Napolitano; and Sec. of Health and Human Services Kathleen Sebelius.

• CBS, Face The Nation: Sen. Arlen Specter (D-PA); Richard Besser, Acting Director of the Centers for Disease Control and Prevention; Sec. of Homeland Security Janet Napolitano; and Sec. of Health and Human Services Kathleen Sebelius.

• CNN, State Of The Union: Richard Besser, Acting Director of the Centers for Disease Control and Prevention; Sec. of Homeland Security Janet Napolitano; and Sec. of Health and Human Services Kathleen Sebelius.

• Fox News Sunday: Richard Besser, Acting Director of the Centers for Disease Control and Prevention; Sec. of Homeland Security Janet Napolitano; and Sec. of Health and Human Services Kathleen Sebelius; Sen. Dick Durbin (D-IL) and Sen. John Ensign (R-NV).

• NBC, Meet The Press: Sen. Arlen Specter (D-PA); Richard Besser, Acting Director of the Centers for Disease Control and Prevention; Sec. of Homeland Security Janet Napolitano; and Sec. of Health and Human Services Kathleen Sebelius; MSNBC host and former Rep. Joe Scarborough (R-FL), and former RNC chair Ed Gillespie.

Sen. Patrick Leahy (D-VT), chair of the Senate Judiciary Committee, has released a statement on the news of the retirement of Supreme Court David Souter. In it, he urges In exercising their important roles in the confirmation of the next Supreme Court Justice senators to "unify around the shared constitutional values that will define Justice Souter's legacy on the Court" when they consider Barack Obama's eventual nominee.

Leahy's full statement below the jump. Other than the President himself, he is the person who, most and earliest, will have to deal with any Republican attempts to block Obama's pick.

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Well that took about 10 minutes.

A group of more than 50 conservative groups held a conference call early Friday to begin plotting strategy, sources on the call said.

"You're already having chatter between conservatives on who is going to be the nominee, what type of nominee is going to be put forward by President Obama," said Brian Darling, the Heritage Foundation's Senate director and a former top Judiciary Committee staffer.

Detail oriented readers will remember Darling as the one-time legal counsel to Sen. Mel Martinez (R-FL) forced off the Hill after writing the infamous "Schiavo Memo," advising Republicans that the lifeless Teri Schiavo could be a great political issue for the GOP.

But I digress. The article also contains this interesting tidbit: "Republican members of the Judiciary panel will meet next week to pick a new ranking member from amongst themselves. Senate aides say Sen. Jeff Sessions (R-Ala.), the fourth-ranking member on the panel, has the inside edge." As I reported earlier this week, Sessions has always been a strong contender, but the Republicans also face a number of incentives to give the slot to Sen. Chuck Grassley.

Happy Law Day and Loyalty Day everyone!

That's right, it's May Day or Labor Day in most of the world today, and President Obama has issued a pair of proclamations recognizing the homegrown American institutions of Law Day and Loyalty Day.

Law Day, established amid the anti-Communist fervor of the late 1950s by Dwight Eisenhower (the same president who gave us "under God" in the Pledge Of Allegiance a few years earlier), is designed, naturally, to celebrate the rule of law.

As Eisenhower put it: "In a very real sense, the world no longer has a choice between force and law. If civilization is to survive, it must choose the rule of law."

Loyalty Day, on the other hand -- which apparently began as 'Americanization Day' -- was established amid the anti-Communist fervor of the early 1920s in the wake of the Russian Revolution. Congress made it official, and President Eisenhower signed it into law the same year he created Law Day. Unfortunately, though, May 1 was getting a little crowded, and he felt obligated to bump Child Health Day to make room.

Today, Obama said, "I call upon all the people of the United States to join in support of this national observance and to display the flag of the United States on Loyalty Day."

Full proclamations, which clearly aim for a tone of inclusiveness, after the jump.

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The progressive group Accountability Now is calling out Democratic Party leaders for wholeheartedly embracing Arlen Specter--and shielding him from political accountability--before he even cast his first significant vote (a no, it turned out, on Obama's budget)

They think Pennsylvania Democrats should be allowed to pick their own nominee during the primaries, and are calling on the party not to grant Specter the gift of running unopposed.

"Elites believe that primaries are messy," said Glenn Greenwald of and co-founder of Accountability Now. "Accountability Now believes that nothing focuses the mind of a politician on listening to citizens better than a primary."

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Earlier this year, House Speaker Nancy Pelosi suggested the creation of an internal "Pecora-like" congressional committee to investigate the causes of the financial crisis, and, since then, we've been following the idea as it moves closer to fruition.

In the last couple weeks, there have been some significant developments on that front. On the House side, influential Rep. John Dingell (D-MI) introduced a stand-alone resolution that mirrors Pelosi's preference. "This [House] select committee," Dingell said, would "be comprised of members appointed from the Committees on Financial Services, Agriculture, Energy and Commerce, and Oversight and Government Reform...modeled on the Pecora Commission that held hearings in 1932 and 1933 to investigate the roots of the Great Depression."

The Pecora investigations were conducted in the Senate Banking Committee, but you get the idea. Dingell hasn't been in close conversation with leadership about his particular plan, but he did send Pelosi a letter asking for her support. I asked Dingell spokesman Adam Benson why Dingell prefers this configuration as oppose to, for instance, an independent outside commission. He said, "The committees of jurisdiction should be involved because they'll be the ones to write any legislation that results from the investigation."

Senators Byron Dorgan (D-ND) and John McCain (R-AZ) feel much the same way. They introduced a measure that would create a select committee in the Senate with the same charge. "While I also support an outside commission, and have previously introduced legislation to establish such a commission," Dorgan said, "I believe the Senate has an important oversight responsibility that cannot be delegated. That's why we need a select Senate committee to investigate this financial crisis and make sure it never happens again."

That measure--an amendment to the Fraud Enforcement Recovery Act (FERA)--got the go ahead earlier this week when the bill overwhelmingly passed the Senate.

But another, similar FERA amendment would create an external commission, containing members appointed by both House and Senate leaders, and Hill sources suggest that's where the action is.

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So what exactly is the deal with Sen. Jim Bunning (R-KY) and the potential new GOP candidate, Kentucky Sec. of State Trey Grayson? Is Bunning going to hang up his cleats -- or is he still in it to win it in 2010?

Yesterday, Grayson formed an exploratory committee for a potential bid -- but said he'll only actually run if Bunning retires. Keep in mind that it's widely reported that the GOP leadership wants Bunning to retire, rather than protect him as a weak incumbent in what should be a decent red state for them, and Bunning himself has accused them of sabotaging him.

Here's where it gets tricky. It was reported that Bunning gave Grayson permission to do this -- seemingly a giveaway that he'll retire and anoint Grayson as his preferred successor, thus giving the GOP a much more electable candidate. The problem is, Bunning's spokesman is publicly indicating otherwise: "Senator Bunning has every intention of running."

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Sen. David Vitter (R-LA), the Christian Right champion whose career became mired in the D.C. Madam prostitution scandal in 2007, may be on the verge of getting a primary challenger: Porn-star Stormy Daniels is responding to the draft effort to get her into the Republican primary, and has now announced a listening tour.

Daniels will hold her first event in Baton Rouge on May 5, followed by a New Orleans event on May 6. A Daniels candidacy, if it does occur, would likely turn out to be a vehicle to remind voters of Vitter's moral hypocrisy.

"DraftStormy is excited about the listening tour and is confident that it will help persuade Stormy Daniels to accept their challenge and run for Senate," the press release says. "We believe that the voters of Louisiana are ready for change and look forward to bringing honesty, integrity, and strength of character back to the United States Senate."

Full press release after the jump.

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Anything's possible. But before they try, they should reflect on this Dear Colleague letter, co-written on June 29, 2001 by the then-chairman and ranking member of the Judiciary Committee, Patrick Leahy (D-VT) and Orrin Hatch (R-UT) respectively.

U.S. SENATE, COMMITTEE ON THE JUDICIARY, Washington, DC, June 29, 2001.

DEAR COLLEAGUE: We are cognizant of the important constitutional role of the Senate in connection with Supreme Court nominations. We write as Chairman and Ranking Republican Member on the Judiciary Committee to inform you that we are prepared to examine carefully and assess such presidential nominations.

The Judiciary Committee's traditional practice has been to report Supreme Court nominees to the Senate once the Committee has completed its considerations. This has been true even in cases where Supreme Court nominees were opposed by a majority of the Judiciary Committee.

We both recognize and have every intention of following the practices and precedents of the Committee and the Senate when considering Supreme Court nominees.


Patrick J. Leahy, Chairman.

Orrin G. Hatch, Ranking Republican Member.

There is, of course, some precedent for tying up Supreme Court nominees one way or another in the Judiciary Committee. But by and large even controversial nominees get reported out, even if unfavorably.

Late update: You can read the original letter in its entirety here.