President George Bush has moved swiftly to name a replacement for the late Chief Justice William Rehnquist: John Roberts, his Supreme Court nominee who, it is clear, seemed virtually certain of confirmation.
According to the Washington Post, Bush has asked Congress to approve Roberts before the court’s first term begins Oct. 3:
“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.”
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.”
McClellan said the White House is confident that Roberts can be confirmed by the Senate by Oct. 3. Bush still has to pick a successor for Associate Justice Sandra Day O’Connor, although she said at the time of her retirement announcement that she would remain until a replacement were seated.
Getting a new chief justice of Bush’s choosing in place quickly also avoids the scenario of having liberal Justice John Paul Stevens making the decisions about whom to assign cases to and making other decisions that could influence court deliberations. As the court’s senior justice, Stevens would take over Rehnquist’s administrative duties until a new chief is confirmed.
“The passing of Chief Justice William Rehnquist leaves the center chair empty, just four weeks left before the Supreme Court reconvenes,” Bush said. “It’s in the interest of the court and the country to have a chief justice on the bench on the first full day of the fall term.”
Bush said Roberts has been closely scrutinized since he was nominated as an associate justice and that Americans “like what they see. He is a gentleman. He is a man of integrity and fairness.” He said Roberts has unusual experience, having argued 39 cases as a lawyer before the Supreme Court. Bush also said Roberts was a natural leader.
The last time a president chose a chief justice outside the court was half a century ago, when Earl Warren was selected by President Dwight D. Eisenhower.
Now the question is going to become: Roberts was acceptable to conservatives as a Supreme Court nominee and his appointment as Chief Justice means conservatives will see the conservative Rehnquist replaced by another consersvative. Does this mean now that Bush has given them someone they feel good about that he can appoint his friend and close associate Attorney General Alberto R. Gonzales to the court?
If he plans to do that, he may face a firestorm yet. Because the party’s right wing already made it known as soon as Rehnquist died that they didn’t want Gonzales to replace him. Another Post piece:
Within hours of the death Saturday of Chief Justice William H. Rehnquist, leaders of some social conservative groups began to signal their adamant opposition to the possible selection of Attorney General Alberto R. Gonzales to replace him.
Most leaders on the right were careful to avoid publicly criticizing Gonzales for fear of angering President Bush. The conservatives privately expressed determination, however, to communicate their concerns that the attorney general does not share their views on abortion and affirmative action.
Phyllis Schlafly, founder of the Eagle Forum and author of “The Supremacists: The Tyranny of Judges — and How to Stop It,” said nominating Gonzales would “be a betrayal by the president.”
Schlafly said that at a closed 2002 meeting of the Council on National Policy, Gonzales told attendees that Roe v. Wade , the 1973 decision upholding the right to abortion, is the law of the land and that he supports it. Another prominent conservative at the meeting said Gonzales “was deeply disappointing. He blew it.”
Even if polls show Bush not greatly hurt by his Hurricane Katrina job performance, it’s unlikely to strengthen him (unless there is some big surprise on that front down the pike). Does this mean more than ever he’ll need to consolidate his right flank? If so, Gonzales better not pick out his new condo just yet…
Joe Gandelman is a former fulltime journalist who freelanced in India, Spain, Bangladesh and Cypress writing for publications such as the Christian Science Monitor and Newsweek. He also did radio reports from Madrid for NPR’s All Things Considered. He has worked on two U.S. newspapers and quit the news biz in 1990 to go into entertainment. He also has written for The Week and several online publications, did a column for Cagle Cartoons Syndicate and has appeared on CNN.