9-5-05 - President Bush on Monday nominated John Roberts to succeed William H. Rehnquist as chief justice, and called on the Senate to confirm him before the Supreme Court opens its fall term on Oct. 3.
The swift move would promote to the Supreme Court's top job a newcomer who currently is being considered as one of eight associate justices.
"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.
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 move was engineered to have all nine seats on the high court filled when the court opens its fall term.
Bush already had nominated Roberts to fill the seat of retiring Supreme Court Justice Sandra Day O'Connor. It requires 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.
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 and Warren Burger, and Justices Thurgood Marshall, William Brennan and Harry Blackmun.
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