Chief Justice Pick

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Bush Nominates Roberts as Chief Justice

Monday, September 05, 2005

WASHINGTON — Moving swiftly, President Bush on Monday nominated John Roberts (search) to succeed William H. Rehnquist (search) as chief justice of the Supreme Court.

The president made the announcement in the Oval Office before leaving for another trip to the hurricane-battered Gulf Coast.

Roberts, who once clerked for Rehnquist, said he would be honored "to succeed a man I deeply respect and admire."

"I am honored and humbled by the confidence the president has shown in me," Roberts said, standing alongside Bush in the Oval Office.

Bush called on the Senate to confirm him before the Supreme Court opens its fall term on Oct. 3. Congress has already been weighing whether to delay Roberts' confirmation hearings because of the Hurricane Katrina (search) disaster.

"He's a man of integrity and fairness and throughout his life he's inspired the respect and loyalty of others," Bush said of his pick. "John Roberts built a record of excellence and achievement and reputation for goodwill and decency toward others in his extraordinary career."

The move would promote to the Supreme Court's top job a newcomer who currently is being considered as one of eight associate justices.

Democrats said Roberts will now be held to a higher standard, although they had found little in his record to suggest they would thwart his nomination as associate justice.

"Now that the president has said he will nominate Judge Roberts as chief justice, the stakes are higher and the Senate's advice and consent responsibility is even more important," Democratic leader Harry Reid said Monday in a statement. "The Senate must be vigilant."

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.

Bush already had nominated Roberts to fill the seat of retiring Supreme Court Justice Sandra Day O'Connor (search), who is retiring. It would just take a little paper shuffling to change the nomination for Rehnquist's seat. Bush still must fill O'Connor's seat but she has promised to stay on the court until a successor is named.

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.

"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."

The White House is not opposed to a delay in Roberts' confirmation hearings as long as they vote on the confirmation before the court session begins.

"We believe they have enough time to move forward to meet that goal because of all the work that's already been done and Justice O'Connor had previously indicated that she was going to stay on the court until her position was filled," McClellan said.

Getting a new chief justice of Bush's choosing in place quickly also avoids the scenario of having liberal Justice John Paul Stevens (search) 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 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 move was engineered to have all nine seats on the high court filled when the court opens its fall term.

White House chief of staff Andy Card informed members of Congress, calling Senate Majority Leader Bill Frist, R-Tenn.; Sen. Arlen Specter, R-Pa., who is the chairman of the Senate Judiciary Committee; Senate Minority Leader Harry Reid, D-Nev.; Sen. Patrick Leahy, D-Vt., the ranking Democrat on the judiciary committee; and House Majority Leader Dennis Hastert, R-Ill.

The White House counsel's office notified the Supreme Court through Justice John Paul Stevens, the senior-most member of the court.

Sen. Charles Schumer, D-N.Y., a member of the judiciary committee, said the nomination "raises the stakes" in making sure that the American people and the Senate know Roberts' views.

"Judge Roberts has a clear obligation to make his views know fully and completely at the hearings and we look forward to them," Schumer said.

Liberal groups have expressed opposition to Roberts because of his conservative writings as an attorney for the Reagan administration and his rulings as an appeals court judge. However, it does not appear that his opponents have enough votes to block Roberts' confirmation.

That alone might have been impetus for Bush to rename Roberts for chief justice. Bush, with low standing in the polls, might not have the political capital he would need to win a Senate battle over a conservative ideologue who would draw intense opposition.

Rehnquist, 80 at his death, served on the Supreme Court for 33 years and was its leader for 19 years.

Rehnquist, a World War II Army Air Corps veteran, will be buried in a private ceremony at Arlington National Cemetery alongside his wife, who died in 1991, following a funeral that morning at St. Matthew's Cathedral in Washington. He died Saturday at his home.

His body will lie in repose in the marble Great Hall of the Supreme Court building on Tuesday and on Wednesday morning with the public invited to pay its respects.

Five members of the court have lain in repose there: Chief Justices Earl Warren (search) and Warren Burger (search), and Justices Thurgood Marshall (search), William Brennan (search) and Harry Blackmun (search).

http://www.foxnews.com/story/0,2933,168488,00.html