Bush taps Roberts to succeed Rehnquist

O'Connor to stay until replacement for her position confirmed

Already discussed somewhat here: Rehnquist gone... Democrats and liberals start worrying, but posting current information here as well.

From MSNBC (among many other sources). Headline linked.




Bush taps Roberts to succeed Rehnquist

Move would promote a judge still being considered as an associate justice

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.
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.
“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.”

Sensitive time for Bush
The selection of Roberts, who has drawn little criticism, 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.
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.”
{snip}
The move was engineered to have all nine seats on the high court filled when the court opens its fall term.
Bush already had nominated Roberts to fill the seat of retiring Supreme Court Justice Sandra Day O’Connor. It would {corrected grammatical error here} just take a little paper shuffling to change the nomination for Rehnquist’s seat. Bush still must fill O’Connor’s seat but she has promised to stay on the court until a successor is named.
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.



... more at linked article

With this change in plans (whether motivated by a desire to avoid a battle with liberals or not), Pres. Bush will now have time to make a very deliberate choice for who will fill the remaining open seat. As noted through out the news, there is an opportunity here for Pres. Bush to re-shape the court for many years to come. Here's hoping the results are the best we can hope for.

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2,181 views 8 replies
Reply #1 Top
How can you appoint a Chief Justice from the outside, a new justice? Why isn't he considering someone who has already sat on the bench? I wonder what the existing justices are thinking about this lil maneuver.
Reply #2 Top
How can you appoint a Chief Justice from the outside, a new justice? Why isn't he considering someone who has already sat on the bench? I wonder what the existing justices are thinking about this lil maneuver.


The President of the United States may name anyone he wishes -- either a sitting Justice, or a total outsider (including someone that has never been a Judge at all) -- to any open position on the Supreme Court (or any other Judicial nomination he may be obligated to make).

It makes sense to name someone that is on the court already if you wish to show respect to the sitting Justices, but there is no specific requirement to do so, and for that matter, the existing Justices have no expectation that any of them would ever be nominated for the Chief Justice position.

The Justices that are typically in disagreement with the President of the United States (and his party and constituents) certainly have no expecation that any of them would be named to the position of Chief Justice. The remaining Justices might be expected to be elevated, but as in this case, the most obvious choices are seen as perhaps too polarizing and not likely to be confirmed (or at least not likely to be confirmed without a huge fight in the Senate).

Above all, the Senate has the obligation to advise and consent, and they will determine if the individual that is nominated can handle the job. They may show extra consideration given the relative importance of the Chief Justice job, but the roles don't really change.

And finally, the President may have including many considerations in making this change to his original nomination process. He most likely has decided that Judge Roberts is the type of Justice he would want to have running the court over his own lifetime -- in the same mold as Rehnquist had done. He's making a nomination that will last a lifetime, and he is hoping to help set direction on the court for the next generation on the court.
Reply #3 Top
Well, I hope Roberts gets borked
Reply #4 Top
Well, I hope Roberts gets borked


I think most (reasonable) individuals here assumed that of you Dabe (as in, "goes without saying").

Unfortunately for you, I do believe you will not get your wish. There'll be an effort for sure, but it'll fall far short. If it becomes too obvious, it just energizes the base on the other side and further damages the hopes of the Democrats to start getting back into power.
Reply #5 Top
In a way, I am saddened, not for Rehnquist.  But for O'Connor.  Yea, she will stay on as the democrats now pick up the fire.  Roberts will get it, probably by mid october.  The next one will be lucky to get it by the end of the year, and only if the Republicans get a backbone.
Reply #6 Top
and only if the Republicans get a backbone.


And, instead, I'm hoping that the republicans get a conscience. Sheesh.................
Reply #7 Top
I'm kind of mixed on this one. While I see nothing wrong with Roberts on the bench, there is a huge difference between "justice" and "chief justice"...

On the other hand, the only thought that would cause me to suffer a "Mufasa" like shudder would be the thought of the pedophile lover "Chief Justice Ruth Buzzie Ginsberg".

Either way, I'm betting that this will not bring out "the nukular option" among Senate Democrats, but the Cobalt encased core option! ;~D
Reply #8 Top
On the other hand, the only thought that would cause me to suffer a "Mufasa" like shudder would be the thought of the pedophile lover "Chief Justice Ruth Buzzie Ginsberg".


You can rest assured that as long is bush is king, this will never happen.