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Second Court Vacancy Triggers a Scramble [Bush Considers Picking Roberts as Chief]
Washington Post ^ | September 5, 2005 | Peter Baker

Posted on 09/05/2005 12:48:57 AM PDT by West Coast Conservative

The death of Chief Justice William H. Rehnquist just days before Senate confirmation hearings for John G. Roberts Jr. set off a scramble in Washington yesterday and presented President Bush a historic opportunity to put his stamp on the Supreme Court for decades to come.

As he contemplates filling his second court vacancy, Bush is considering a plan to install Roberts as chief justice rather than as an associate justice replacing Sandra Day O'Connor, senior administration officials said. With the Roberts vetting process well advanced and his confirmation on track, such a shift could guarantee that a chief justice would be in place when the court opens its term Oct. 3.

The switch would be unprecedented in modern times. If the president does not opt for that course, officials said, he will return to the list of potential candidates he scrutinized in picking Roberts in July. Among those at the top of such a list would be his close friend Attorney General Alberto R. Gonzales; his former deputy attorney general, Larry D. Thompson; and a handful of federal appeals judges, including Edith Hollan Jones, Edith Brown Clement, J. Harvie Wilkinson III, J. Michael Luttig, Emilio M. Garza and Priscilla R. Owen.

The opening for chief justice confronted the White House with another challenge at a volatile moment. Given his deteriorating health, Rehnquist's death came as no surprise, but the timing made the politics complex, coming in the midst of a crisis touched off by Hurricane Katrina and just before the Roberts hearings, which are set to begin tomorrow.

While senators discussed postponing the hearings, Bush advisers gathered at the White House to consider strategy amid recovery efforts in the Gulf Coast. Some conservative advocacy groups laid down markers, urging Bush not to appoint Gonzales, whom they consider too moderate.

(Excerpt) Read more at washingtonpost.com ...


TOPICS: Constitution/Conservatism; Culture/Society; Government; News/Current Events; Philosophy; Politics/Elections
KEYWORDS: bush; bush43; chiefjustice; conservatism; johnroberts; rehnquist; roberts; scotus; term2
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1 posted on 09/05/2005 12:48:58 AM PDT by West Coast Conservative
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To: West Coast Conservative

I cannot believe they would skip over Scalia for Chief Justice. We'll have to wait and see.


2 posted on 09/05/2005 12:53:53 AM PDT by guitarnick40 (When a liberal is in doubt, all they do is scream and shout.... "it's Bush's fault")
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To: West Coast Conservative

Wouldn't it be better to get him confirmed first as an associate justice? Once that is done, then nominate him as Chief Justice? It would force the Senate to make two votes. Once they've already voted to confirm him to the court, wouldn't it be very difficult for any of the senators who voted to confirm him for Associate Justice but not for Chief Justice?


3 posted on 09/05/2005 12:54:52 AM PDT by Paleo Conservative (France is an example of retrograde chordate evolution.)
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To: West Coast Conservative

No way!


4 posted on 09/05/2005 12:54:59 AM PDT by uncitizen
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To: guitarnick40
I cannot believe they would skip over Scalia for Chief Justice. We'll have to wait and see.

A lot of people who know him say Scalia does not have the temperament to be the Chief. From what I have heard about JG ROberts, JR. he does have a similar temperament to Rehnquist.
Yesterday I thought the same thing as you but now I think the President might just do it since it is almost a certainty Roberts will be confirmed. It will cut the confirmations from 3 down to 2.
It will be very interesting to see

5 posted on 09/05/2005 12:58:34 AM PDT by msnimje (CNN - Constant Negative Nonsense)
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To: West Coast Conservative



Gonzales would be a catastrophe similar to Katrina.


6 posted on 09/05/2005 1:01:15 AM PDT by msnimje (CNN - Constant Negative Nonsense)
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To: West Coast Conservative
As he contemplates filling his second court vacancy, Bush is considering a plan to install Roberts as chief justice

As if they know that.

7 posted on 09/05/2005 1:02:24 AM PDT by Howlin (Have you check in on this thread: FYI: Hurricane Katrina Freeper SIGN IN Thread)
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To: guitarnick40

11 of the 16 times this has happened, the pick has come from outside the court.


8 posted on 09/05/2005 1:02:49 AM PDT by Howlin (Have you check in on this thread: FYI: Hurricane Katrina Freeper SIGN IN Thread)
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To: West Coast Conservative

As if anyone in the Bush administration would be leaking to the comPost.


9 posted on 09/05/2005 1:05:38 AM PDT by OldFriend (MAJ. TAMMY DUCKWORTH ~ A NATIONAL TREASURE)
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To: OldFriend

Exactly.

Especially after this week.


10 posted on 09/05/2005 1:06:02 AM PDT by Howlin (Have you check in on this thread: FYI: Hurricane Katrina Freeper SIGN IN Thread)
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To: Paleo Conservative

Timing wise...if Roberts had just completed the whole cycle...then it'd make sense to run his name up Chief, and expect few if any questions. They had lots of questions to already throw at him and it makes little news if you toss repeats. But since he hasn't even started the hearings...this lays out alot of issues to change him to the chief position. The hearings could get twice as intense as expected...and this is considered a medium range episode presently.

It might make for an interesting case to bring in the top five democratic senators...and hint that you will allow the most leaning lefty on the court to become Chief, if they will allow Gonzalez to waltz through their hearings. Roberts and Gonzalez would set a 1-2 punch, and whoever gets the Chief's position will likely be there less than 3 years.


11 posted on 09/05/2005 1:07:20 AM PDT by pepsionice
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To: West Coast Conservative

Gee, look at this... What could be the point behind this article.. Roberts as Chief Justice? Why? Who made such a suggestion?

Oh! DEMOCRATS DID. 'We want to delay the confirmation hearings for Roberts to give Bush the opportunity to resubmit him as Chief Justice.' And Sandra Day O'Conner's resignation takes effect when her replacement is confirmed. If Roberts were to take the Chief Justice spot, Sandra would be around longer.

Politics.. These folks are always thinking.


12 posted on 09/05/2005 1:10:04 AM PDT by kingu (Draft Fmr Senator Fred Thompson for '08.)
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To: guitarnick40

I'm not listening to the idiot liberals .. they always get all the information wrong anyway. I sure do want Scalia appointed .. just to watch the libs have a stroke over it - we need a little comic relief.


13 posted on 09/05/2005 1:11:04 AM PDT by CyberAnt (America has the greatest military on the face of the earth.)
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To: kingu
If Roberts were to take the Chief Justice spot, Sandra would be around longer.

She's already left. There are now two vacancies. That means there are seven justices on the court which is an odd number. If the DemocRATS really wanted to play hardball, they'd prevent either seat from being filled.

14 posted on 09/05/2005 1:18:02 AM PDT by Paleo Conservative (France is an example of retrograde chordate evolution.)
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To: CyberAnt

I agree with that wholeheartedly. It's time to shove his appointments down their throat, nuclear option if necessary.

We elected this administration just for this moment and the terror fight, it's time to pay us back with true conservative appointments.


15 posted on 09/05/2005 1:18:50 AM PDT by guitarnick40 ( The only thing necessary for the triumph of evil is for good men to do nothing.)
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To: guitarnick40

I would really like to see a Thomas Court. I think Clarence Thomas would make an outstanding Chief Justice. Nothing wrong with Scalia, but I am for nominating Thomas for CJ.


16 posted on 09/05/2005 1:24:44 AM PDT by Freedom_Is_Not_Free
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To: Howlin
As he contemplates filling his second court vacancy, Bush is considering a plan to install Roberts as chief justice

As if they know that

They know because Karl Rove told them on "Double Super Secret Background"

17 posted on 09/05/2005 1:25:05 AM PDT by msnimje (CNN - Constant Negative Nonsense)
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To: kingu

These folks are always thinking......about ways to harm America.


18 posted on 09/05/2005 1:25:42 AM PDT by OldFriend (MAJ. TAMMY DUCKWORTH ~ A NATIONAL TREASURE)
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To: Paleo Conservative
She's already left. There are now two vacancies

No, she said he retirement is effective as soon as her replacement is seated on the court.

19 posted on 09/05/2005 1:26:13 AM PDT by msnimje (CNN - Constant Negative Nonsense)
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To: msnimje

he retirement = should be HER retirement


20 posted on 09/05/2005 1:26:51 AM PDT by msnimje (CNN - Constant Negative Nonsense)
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