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Home Front: Politix
Bush Nominates Roberts for Chief Justice
2005-09-05
EFL: WASHINGTON -- President Bush on Monday nominated John Roberts to succeed William H. Rehnquist as chief justice and called on the Senate to confirm him before the Supreme Court opens its fall term on Oct. 3. Just 50 years old, Roberts could shape the court for decades to come. The Senate is expected to begin his confirmation hearings as chief justice either Thursday or next Monday. The opening of Roberts' previously scheduled confirmation hearings, for the position of associate justice, initially was to be Tuesday, but that was canceled until after Rehnquist's funeral on Wednesday.

The swift move would promote to the Supreme Court's top job a newcomer who currently is being considered as one of eight associate justices. It would also ensure a full 9-member court, because retiring Justice Sandra Day O'Connor has said she will remain on the job until her replacement is confirmed. The selection of Roberts helps Bush avoid new political problems when he already is under fire for the government's sluggish response to Hurricane Katrina and his approval ratings in the polls are at the lowest point of his presidency.

A brief delay in confirmation hearings for Roberts, which had been set to start Tuesday, was likely in light of his new nomination and Rehnquist's funeral this week. Senate officials are considering two options: starting the confirmation hearing on Thursday or starting the confirmation hearing on Monday, the scenario considered to be the most likely.

But Senate Majority Leader Bill Frist, R-Tenn., said he still expects Roberts to be confirmed before the new court session begins on October 3. "The president has made an excellent choice," Frist said Monday. "Mr. Roberts is one of the most well qualified candidates to come before the Senate. He will be an excellent chief." Democrats said Roberts will now be held to a higher standard, although they had found little in his record to suggest they would thwart his nomination as associate justice. "Now that the president has said he will nominate Judge Roberts as chief justice, the stakes are higher and the Senate's advice and consent responsibility is even more important," Democratic leader Harry Reid said Monday in a statement. "The Senate must be vigilant."
Posted by:Steve

#13  CJ's don't have any more authority than any other SC justice

On the contrary. Chief Justices assign the writing of opinions, usually after feeling out the justices on their positions. There is in fact a good deal of negotiation that happens on the court and the CJ either facilitates that or is swept away by it or makes it impossible to achieve well.

Of COURSE he won't change the philosophy of the liberals. But a lot of the vote casting on the court comes after camps emerge - and THAT happens when the issues get framed.

A lot can be done by framing those issues from the start in ways that can produce interesting alliances.

I'm not saying there's a magic wand, but there certainly is a reason this appointment is a bigger one than for an associate.
Posted by: lotp   2005-09-05 15:02  

#12  Bush had to do this. When the Chief Justice dies the oldest member takes over -- in this case Stevens. That would put the court into liberal hands for the new term starting Oct 2, and less one conservative vote.

O'Connor's resignation only takes effect when her replacement is confirmed. With Roberts in as Chief Justice and O'Connor still on board until a replacement is confirmed we at least maintain the status quo.

Look for the left to demand more time (i.e. delays).

Here's hoping Roberts is as good as he'd better be.
Posted by: Iblis   2005-09-05 14:54  

#11  OO: Roberts strikes me as the kind of temperament (personal and legal) who can pull together a majority opinion on important issues. That first and foremost is the Chief Justice's job.

I doubt anyone can "pull" anything together in the SC. Rehnquist has certainly been in the minority for a heck of a lot of Supreme Court cases. The Chief Justice designation is purely ceremonial. CJ's don't have any more authority than any other SC justice. Roberts' appointment certainly won't make the liberals on the court less liberal.
Posted by: Zhang Fei   2005-09-05 14:21  

#10  I think this is an excellent move, for the court as well as politically.

Roberts strikes me as the kind of temperament (personal and legal) who can pull together a majority opinion on important issues. That first and foremost is the Chief Justice's job.

His relative youth also means some stability over time. God knows we need some in this country and will need it more in the near future.
Posted by: Omerens Omaigum2983   2005-09-05 14:03  

#9  they've been reduced to criticizing Roberts for things he wrote in high school...pathetic losers
Posted by: Frank G   2005-09-05 13:52  

#8  Well mojo, if the Dems insisted that a Sandra O'Conner type replace Sandra they then set the standard for the Chief Justice. Sounds like one of his former clerk certainly meets that standard. Not that it will mean they'll STFU with new and even more demands. However, it is a nice turn on be careful of what you wish for.
Posted by: Omitle Sluse2961   2005-09-05 13:32  

#7  You're right DB. From Rehnquist'a bio:
EDUCATION: Bachelor's and master's degree, Stanford University, 1948; master's degree, Harvard University, 1949; law degree, Stanford University, 1952.
CAREER: U.S. Army Air Corps soldier, 1943-46; law clerk to Justice Robert H. Jackson, 1951-53; private practice in Phoenix, Ariz., 1953-69; assistant U.S. attorney general, Office of Legal Counsel, 1969-71; named to Supreme Court by President Nixon, 1972; elevated to chief justice by President Reagan, 1986.

No judge title 'til Nixon brought him the Supreme Court.
Posted by: GK   2005-09-05 13:28  

#6  Good luck selling Roberts as "too extreme" compared to Renquist. Roberts used to clerk for him, which means he did his job at least part of the time.

I notice he's now "too young and inexperienced"...

Assholes.
Posted by: mojo   2005-09-05 13:13  

#5  Correct me if I'm wrong but I don't believe Rehnquist served as a Judge, either. This is really sending the Dems into a mouth-frothing frenzy.
BWAHAHAHAHAHAH!
Posted by: Deacon Blues   2005-09-05 12:49  

#4  I think it's a mistake. Better to have Roberts replace O'Connor and then have another conservative replace Rehnquist. Once Roberts is confirmed, getting another conservative to fill in for Rehnquist is a no-brainer. Having Roberts replace Rehnquist, and then fighting the O'Connor battle all over again is going to be tough.
Posted by: Zhang Fei   2005-09-05 12:36  

#3  What's going to be ballsy is the nomination to replace the woman Sandra Day O'Connor.Guaranteed to sent the DU's into orbit.
Posted by: Mrs. Davis   2005-09-05 12:28  

#2  Bush actually does something ballsy for once. It's been a long time, W.
Posted by: Chris W.   2005-09-05 12:17  

#1  And the Moonbats at DU respond as expected:

"The guy is TOO damned young, doesn't have enough judge type experience and is too god-damned partisan. He is also racist and sexist and a corporatist. If the dems (lead by the bushie butt kisser Reid) roll over . . . then the democratic party is deader than it already is. "

"More like a distraction. He's gonna try to sneak Roberts in while the attention is all focused on the aftermath of Katrina."

"The arrogance of this move is astounding, even for Bush. I thought for sure that Scalia would have gotten the nod. It's almost like they are daring the Democrats to filibuster the Roberts nominations, which I think they should. This guy is a partisan hack, who doesn't have enough judicial experience to even be a member of the Supreme Court, let alone Chief Justice."

"GW shoving it in everyone's faces for saying he was "on vacation for too, long; screwed up on Katrina; has a goofy wife; has the goofy twits; for doubting that he is "touched" and belongs in the white house at this point of the rapturxxxxx... oops, history."

"I think that he's timing this to cover for military maneuvers in NO. About 20 minutes ago on the scanner thread in GD, autocrat reported that everything suddenly was jammed. There had been sporadic jamming all night, but now the scanner feeds are totally gone. The MSM will be all over this like they are whenever a pretty white girl goes missing. New Orleans? Katrina? That will be old news."


Damm, Karl Rove is good.
Posted by: Steve   2005-09-05 11:49  

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