Speculation over the future composition of the Supreme Court
will likely reach new heights this week as senators prepare for the
confirmation hearings of chief justice nominee John G. Roberts
Jr.
The confirmation proceedings for Roberts, who was nominated to
replace retiring Associate Justice Sandra Day O’Connor in
July, took a new twist Sunday with the sudden death of Chief
Justice William H. Rehnquist.
President Bush quickly announced Monday his nomination of
Roberts to chief justice to replace Rehnquist, 80, who served the
court for more than 33 years through seven presidential
administrations, and was known as one of the court’s most
outspoken conservatives.
“I am honored and humbled by the confidence that the
president has shown in me,” said Roberts, a former Rehnquist
clerk, as he accepted the nomination in the Oval Office. “I’m
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.”
The hearings for Roberts, originally scheduled to begin today,
were rescheduled to start on Monday to give senators time to
consider the new nomination and in observance of Rehnquist’s
funeral.
The late justice’s body lay in repose Tuesday in
Washington as the president and other members of government paid
their respects.
Bush’s task of picking another successor for the spot left
by O’Connor is sure to generate a new round of debate over
who should fill the court’s new opening.
The court’s second vacancy in less than three months has
drawn pressure from lawmakers for Bush to pick a woman or a
minority to replace O’Connor.
"It is desirable to have a balance on the court. And two women,
I think, are a minimum," said Senate Judiciary Chairman Arlen
Specter, R-Pa.
The president, for his part, said Tuesday, “The list is
wide open.”
Bush said lawmakers should concentrate on Roberts’
confirmation and not be concerned with the president’s second
pick for the court.
But while some experts say the court’s ideological balance
will now be determined by Bush’s choice to replace
O’Connor, who was considered a moderate, UCLA law Professor
Eugene Volokh cautioned that there is still much uncertainty
surrounding Roberts’ views and how he will vote compared to
Rehnquist.
“We do know that Roberts is likely to be conservative, but
on topics that split the conservatives, it’s hard to
tell,” he said. “(Roberts and Rehnquist) are different
people, and it’s hard to tell on any particular question
whether he’s going to be more conservative or
less.”
Jonathan Varat, also a UCLA law professor, said because Roberts
has been said to have a good chance of being confirmed, Democrats
may look ahead and “concentrate all their firepower” on
the second nominee if Bush appoints another conservative.
Varat also said Roberts’ nomination to chief justice will
probably not dramatically change the confirmation hearing process
compared to when he was nominated to replace O’Connor as an
associate justice.
“You’ll probably end up with a few more questions
about the administrative responsibilities of the chief justice.
“¦ I suspect that’s the least of the concerns
they’ll have about Roberts. The primary focus will remain on
his judicial philosophy and past
expressions of views,” he said.
O’Connor has agreed to stay on until her successor can be
named, ensuring a nine-member court if Roberts is confirmed by the
beginning of the court’s new term on Oct. 3.
Regarding the significance of Roberts being nominated to chief
justice, Volokh pointed out that beyond the chief justice’s
administrative duties ““ such as designating which justice
writes the court’s opinions or presiding over impeachment
hearings ““ he is only “one out of nine,” which
was exemplified by some of Rehnquist’s defeats during his
time on the court.
With reports from Bruin wire services.