Bush Nominates Roberts for Chief Justice

[Conskeeted7]

I just wanted to start a dialogue for this on here.

By JENNIFER LOVEN, Associated Press Writer
7 minutes ago



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 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.

"I am honored and humbled by the confidence the president has shown in me," Roberts said, standing alongside Bush in the Oval Office. "I am very much aware that if I am confirmed I would succeed a man I deeply respect and admire, a man who has been very kind to me for 25 years."

"He's a man of integrity and fairness and throughout his life he's inspired the respect and loyalty of others," Bush said. "John Roberts built a record of excellence and achievement and reputation for goodwill and decency toward others in his extraordinary career."

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 three options: starting Roberts' confirmation on Tuesday with a delay built in on Wednesday for Rehnquist's funeral; starting the confirmation hearing on Thursday; or starting the confirmation hearing next week, the scenerio 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."

The president met with Roberts in the private residence of the White House for about 35 to 40 minutes on Sunday evening, then officially offered him the job at 7:15 a.m. Monday when Roberts arrived at the Oval Office.

"This had been something that had been in the president's thinking for some time — in case the chief justice retired or that there otherwise was a vacancy," White House press secretary Scott McClellan said. "The president when he met with him, knew he was a natural born leader. The president knew Judge Roberts had the qualities to lead the court."

McClellan said the White House is confident that Roberts can be confirmed by the Senate by Oct. 3. Bush still has to pick a successor for Associate Justice Sandra Day O'Connor, although she said at the time of her retirement announcement that she would remain until a replacement were seated.

McClellan said Bush called O'Connor from Air Force One en route to Louisiana Monday to talk with her about his decision. "He indicated that he was going to move quickly to find her replacement as well," the president's spokesman added. Talking to reporters who accompanied the president on a hurricane-damage inspection trip to the South, White House spokeswoman Dana Perino was unable to say whether O'Connor reiterated her earlier promise about temporarily staying on the court.

Getting a new chief justice of Bush's choosing in place quickly also avoids the scenario of having liberal Justice John Paul Stevens making the decisions about whom to assign cases to and making other decisions that could influence court deliberations. As the court's senior justice, Stevens would take over Rehnquist's administrative duties until a new chief is confirmed.

"The passing of Chief Justice William Rehnquist leaves the center chair empty, just four weeks left before the Supreme Court reconvenes," Bush said. "It's in the interest of the court and the country to have a chief justice on the bench on the first full day of the fall term."

Bush said Roberts has been closely scrutinized since he was nominated as an associate justice and that Americans "like what they see. He is a gentleman. He is a man of integrity and fairness." He said Roberts has unusual experience, having argued 39 cases as a lawyer before the Supreme Court. Bush also said Roberts was a natural leader.

The move was engineered to have all nine seats on the high court filled when the court opens its fall term.

The White House is not opposed to a delay in Roberts' confirmation hearings as long as senators vote on the confirmation before the court session begins on the first Monday of October.

"We believe they have enough time to move forward to meet that goal because of all the work that's already been done and Justice O'Connor had previously indicated that she was going to stay on the court until her position was filled," McClellan said.

Bush already had nominated Roberts to take O'Connor's place. It requires just a little paper shuffling to change the nomination for Rehnquist's seat.

White House chief of staff Andy Card informed members of Congress, calling Frist and Reid. He also called Sen. Arlen Specter (news, bio, voting record), R-Pa., who is the chairman of the Senate Judiciary Committee; Sen. Patrick Leahy (news, bio, voting record), D-Vt., the ranking Democrat on the committee; and House Majority Leader Dennis Hastert, R-Ill.

The White House counsel's office notified the Supreme Court through Justice John Paul Stevens, the senior-most member of the court.

Sen. Charles Schumer (news, bio, voting record), D-N.Y., a member of the judiciary panel, said the nomination "raises the stakes" in making sure that the American people and the Senate knows Roberts' views.

"Judge Roberts has a clear obligation to make his views known fully and completely at the hearings and we look forward to them," Schumer said.

Liberal groups have expressed opposition to Roberts because of his conservative writings as an attorney for the Reagan administration and his rulings as an appeals court judge. However, it does not appear that his opponents have enough votes to block Roberts' confirmation.

That alone might have been impetus for Bush to rename Roberts for chief justice. Bush, with low standing in the polls, might not have the political capital he would need to win a Senate battle over a conservative ideologue who would draw intense opposition.

Rehnquist, 80 at his death, served on the Supreme Court for 33 years and was its leader for 19 years.

Rehnquist, a World War II Army Air Corps veteran, will be buried in a private ceremony at Arlington National Cemetery alongside his wife, who died in 1991, following a funeral that morning at St. Matthew's Cathedral in Washington. He died Saturday at his home.

His body will lie in repose in the marble Great Hall of the Supreme Court building on Tuesday and on Wednesday morning with the public invited to pay its respects.

Five members of the court have lain in repose there: Chief Justices Earl Warren and Warren Burger, and Justices Thurgood Marshall, William Brennan and Harry Blackmun.

[TonyB06]

I'm still digesting what the whole Roberts candidacy means overall, but politically, this is a gangster move. The Democrats have basically signalled that he'll be confirmed, so Bush puts him in the top chair.....with still another pick forthcoming.

Based on the move, the D's may now decide to "go harder" after Roberts, but if they had something on him they wouldn't have rolled already.

[Sistermadly]

Tony's right - this is TOTALLY a gangster move. This guy has no supreme court experience and suddenly he's promoted over everyone else who has served, including two of the most prominent conservatives on the court? Either Bush thinks that we're all fixated on New Orleans and the tragedy there, or he just doesn't give a durn (and we know it's the latter).

Roberts as Chief Justice? Say goodbye to Roe v. Wade, affirmative action, your civil liberties and personal freedoms, whatever they might be.

[Conskeeted7]

I have to wonder how the other justices feel about this. Roberts being chief justice would be a slap in the face to all of those who have served for years.

His views are not in line with progress. I cannot imagine what will happen with him in such an influential position.

[TonyB06]

Originally posted by Conskeeted7
I have to wonder how the other justices feel about this. Roberts being chief justice would be a slap in the face to all of those who have served for years.

You're probably right, Conskeeted. But the Supreme Court has been as much a political institution as a judicial one for at least the last 20 some years. So these folks know how the game is played...

[Visionary22]

I recall seeing on the news that usually when the Chief Justice position becomes available, rarely does the job go to an already sitting justice. I believe most Presidents go out of their way to nominate a new, YOUNGER, candidate who will be able to set the tone and lead the court for a long time.

[moe.ron]

Only 3 Chief Justice have come from within the Supreme Court. So, it's very rare that a Chief Justice will come from a promotion. Beside, I'd rather have Roberts then Rehnquist or Thomas.

[9dstpm]

Nothing President Goober does surprises me anymore. *SMH*

[ladygreek]

Originally posted by Visionary22
I recall seeing on the news that usually when the Chief Justice position becomes available, rarely does the job go to an already sitting justice. I believe most Presidents go out of their way to nominate a new, YOUNGER, candidate who will be able to set the tone and lead the court for a long time.

Good point. But Clarence Thomas is only 57, which is why folx thought he would get the nod.

[mccoyred]

Originally posted by Visionary22
I recall seeing on the news that usually when the Chief Justice position becomes available, rarely does the job go to an already sitting justice. I believe most Presidents go out of their way to nominate a new, YOUNGER, candidate who will be able to set the tone and lead the court for a long time.

Okay, due to my ignorance of this aspect of our government, I was thinking that this Roberts nomination was unusual, esp w/ Dubya doing the nominating. I guess that it doesn't make sense NOT to promote from within...?

[UrbanizdSkillz]

This nomination truly is a gangster move. Bush has been witholding the records of Roberts' tenures in previous positions since talk of nominating him to replace Sandra Day O'Connor. If Roberts is confirmed, kiss your civil liberties goodbye.

[TonyB06]

Bush hints 'diversity' will guide next pick

By PATTY REINERT
Copyright 2005 Houston Chronicle Washington Bureau

WASHINGTON - As the U.S. Senate began debating the chief justice nomination of John Roberts, President Bush hinted Monday that his next nominee to the Supreme Court likely will be a woman or minority. "I will pick a person who can do the job," Bush said of his pending nomination to replace retiring Justice Sandra Day O'Connor. "But I am mindful that diversity is one of the strengths of the country."

A vote on Roberts' confirmation is tentatively scheduled for Thursday.

Bush is expected to name his next nominee shortly after Roberts is confirmed, and Senate leaders have indicated the next choice could be seated before Thanksgiving.

Even before the Senate Judiciary Committee voted 13-5 last Thursday to send Roberts' nomination to the full Senate, lawmakers were moving on to the next confirmation hearings, which are widely expected to be a bigger fight.

Bush may make history by nominating the court's first Hispanic justice. Or he could maintain the court's makeup of seven men and two women.

www.chron.com/cs/CDA/ssistory.mpl/nation/3371048