BUSH CONSIDERS CLARENCE THOMAS FOR CHIEF JUSTICE

Drudge Report ^ | November 6, 2004

[We Happy Few]

The Sandra Day O'Connor move could be shrewd. It is much more important for Bush to get a new Justice of his choosing confirmed than it is to elevate Thomas or Scalia to Chief. O'Connor already controls the Court on many social issues because she is the critical swing vote. By making her Chief, Bush gets a three-fer: first woman Chief, an olive branch to the Democrats, and a commitment from them not to block Bush's choice of a new Justice.

[Phocion]

I prefer Thomas to even Scalia. Thomas is stricter on the commerce clause and most of the rest of the Constitution except the free speech part of the First Amendment, which is a proper part to consider broadly, as that's how it's written. He's also younger than Scalia and would have more time to leave an impact on the court. Scalia may want to retire before the end of Bush's term.

The only area where I find Scalia far superior to Thomas is wit. Thomas is often overshadowed by Scalia in the public eye, but people who consider him Scalia Jr. do so at their own peril. The man is brilliant.

[Txsleuth]

How about the hunting trip that he took with Cheney. The dems made a hugh stink about that. Wouldn't it look like a payback by Cheney if Bush gives it to Scalia?

I'm not saying this - you asked for a reason why Bush would not give it to Scalia, and it took a nanosecond for this to pop to mind.

[britt reed]

Is it possible Rehnquist then Scalia (protocol) recommended Thomas to position?

[moondoggie]

Didn't Justice Thomas marry Rush and his .........(fill in the number) wife?

[mhking]

There is a school of thought that Bush will, in fact, give Queen Sandra the crown and make her the first woman chief justice.

"School of thought?" What school, The Onion?

Feh.

[momf]

The Justices vote on the cases they are to hear.

[moondoggie]

In total agreement.

[We Happy Few]

I don't understand the Estrada strategy. He would be a fine appointment to the D.C. Circuit. But, without any experience as a judge, he would be easily attacked on competence grounds if directly nominated to the Supreme Court.

[maine-iac7]

That would be MOST excellent.

Not only is it the perfect choice -and he's young enough to be there a LOOONg time -but it will really show the true colors of the dims when they come screaming out at the choice...and who's NOT willing to reach across the isle

will wake up some blacks, I would think, too.

this is a different day then when they crucified him before..,we know him now.

[Sandy]

One of those two men WILL be your next CJ.

I don't think so. One confirmation would be hard enough, two in a row would be a nightmare. Bush'll end up picking someone from the circuit courts I bet, like Posner or Easterbrook for example.

[mrsmith]

"Why go through the hassle of two confirmations? "

That's an awfully good point, why fight twice for what can be had in one blow.

[PISANO]

Good CHOICE. Although Scalia would be great too, there are far FEWER problems with Thomas.

[LincolnLover]

Clever.

Clarence would have the job for the next 20-30 years, at least. Cool.

Hey, he'd get Specter's support on that one, at least (one would hope).

[We Happy Few]

I think Mike Luttig of the Fourth Circuit (the most conservative circuit in the country) is more likely to be picked for Chief than either Thomas or Scalia. He is younger than Thomas and has 10 years or more of experience as an appellate judge.

[RWR8189]

Can't the CJ overrule if he so chooses?

[ride the whirlwind]

I imagine there'll be all kinds of rumors and speculation before anything has to be decided.

[Sam Cree]

Best possible move.

[RWR8189]

XXXXX DRUDGE REPORT XXXXX SUN NOV 07, 2004 19:02:37 ET XXXXX

BUSH CONSIDERS CLARENCE THOMAS FOR CHIEF JUSTICE

**Exclusive**

President Bush has launched an internal review of the pros and cons of nominating Supreme Court Justice Clarence Thomas as the chief justice if ailing William Rehnquist retires, the DRUDGE REPORT has learned.

A top White House source familiar with Bush's thinking explains the review of Thomas as chief justice is one of several options currently under serious consideration. But Thomas is Bush's personal favorite to take the position, the source claims.

"It would not only be historic, to nominate a minority as chief justice, symbolizing the president's strong belief in hope and optimism, but it would be a sound judicial move.... Justice Thomas simply has an extraordinary record."

One concern is the amount of political capital Bush would have to spend in congress to make the move.

A chief justice must be separately nominated by Bush and confirmed by the Senate, even if the person is already sitting on the court.

The need to replace Rehnquist could arise by year's end, Bush aides now believe.

Officially, Bush advisers call any Supreme Court vacancy talk premature.

Developing...