[Congressman Billybob]

On a purely theoretical basis, Justice Thomas would be an excellent choice for Chief Justice. The more of his opinions and speeches I read, the higher goes my respect for him both as a man and as a Justice. However....

President Bush will make no nomination for Chief Justice (usually but not always from among the sitting Justices) nor of anyone to replace a Justice who resigns, without first consulting with that person. I don't think that Justice Thomas will be willing to go through the same meat grinder one more time, if he is nominated for Chief Justice.

I would not blame him one bit for making that decision for himself and his family. If so, then Justice Thomas is off the list for Chief Justice even though his judicial philosophy and relatively young age and good health all well qualify him for that position.

My reading of the tea leaves of the Court is that Thomas will take himself out of the running (quietly and privately) when Chief Justice Rehnquist resigns after the current term is concluded in June. My estimation is that at least two, maybe three, Justices will resign at that time.

Congressman Billybob

Click for latest column on UPI, "Incision Decision in the Senate" (Not yet on UPI wire, or FR.)

As the politician formerly known as Al Gore has said, Buy my book, "to Restore Trust in America"

[Dog Gone]

Most of this discussion assumes that the vacancy will caused by the retirement of the current Chief Justice, which is no gimme. Rehnquist is not the oldest Judge in the Court, and his mind is as sharp as ever.

However, if he does retire, there is no requirement that the Chief Justice come from the ranks of the current court. Bush could nominate someone new to the court as Chief Justice, which would shortcut the process.

[hchutch]

Very true. I do think there will be an offer, though. And then it will leak that Thomas "respectfully declined" the offer.

However, if my reading of the man is correct, if Bush offers him the job and can convince Justice Thomas that he was selected because he was, in the President's judgement, the best man for the job, I think Justice Thomas would accept such a nomination.

If two or three are retiring, I see Bush going with a spread. My scenario (assuming Thomas would accept a nomination as Chief Justice) has Stevens, Rhenquist, and one of the female justices (O'Connor or Ginsberg - the latter has had health problems) retiring. Thomas fleets up to Chief Justice.

Bush then makes three picks: One will be Hispanic (my pick is Emilo Garza). The other two are wide open. One person who I think would be a good selection is one of the Divison heads at DOJ - a guy by the name of Viet Dinh - Vietnamese immigrant. The other, IMO, might be female, but I wouldn't be surprised if either Ted Olson was given the nod.