How about this...GWB holds off on a new Chief nominee until Roberts is approved...then Oran Hatch is nominated Chief Justice. I don't think that Chuckie, Teddy, Lady Boxer or "Leaky Lay-Hee" could trash Hatch after all these years claiming comity in the senate. Even if they did, no "Moderate" Democrat would vote against him.
That didn't stop them from demonizing "one of their own," John Ashcroft, when he came up as Atty. Gen.
Here's my email to the President on how to handle this ...
---
Mr President,
The unfortunate death of Chief Justice Rehnquist makes it all the more important
to confirm Judge Roberts as soon as possible and to look at new nominations.
Of course you need to wholly reject the nonsensical notion that the Roberts hearings
need to be delayed. On the contrary, it needs to be accelerated to elimate vacancies.
We need Roberts confirmed as soon as possible.
Here's what I think you should do:
1) Roberts should be confirmed SOONER all the more reason to eliminate vacancies.
2) President Bush should promote Scalia to the Chief Justice.
Liberal Democrats would have a hard time balking at that promotion,
since it really doesnt change the court balance and filibustering that wont change anything.
You should ask the Senate to confirm it within 30 days, ie, the beginning of October.
3) Bush should wait for the confirmation of Scalia to Chief Justice to have him resign and
nominate a successor.
In doing so, you manage the calendar so that Roberts is confirmed before there is a new nomination.
Liberal Dems want to hold the cards to try to negotiate away a conservative vote. This is not necessary.
Bush should nominate Judge Luttig, Judge Garza, or Judge Edith Jones to fill the remaining vacancy, which
would be another associate Justice position. Luttig is best in my view.
I can't say anything bad about Oran Hatch -- but I hope to God that Bush doesn't nominate Orin Hatch from Utah, a real disaster and phony conservative.