Bush to Nominate Roberts for Chief Justice

FoxNews ^ | Sept 5, 2005

[Dog]

The next pick will be a RED MEAT type pick.

[spectre]

I hear you.

sw

[Dave S]

So CJ is really just the person who calls the meeting to order and nothing else.

Not completely true. Chief Justice also gets to pick who writes the rulings which effects the law. Its not just 5-4 we win, its how the ruling is phrased which provides guidance to the lower courts on what the law is and how similar cases are expected to be handled. A minor deal but the CJ also sets the rules for how the court runs. Rennqueist for example said in their meetings that no one justice can talk more than once until all other justices have spoken. Also, if a CJ is a good politician he can have considerable power in shaping the outcome of a vote and even which issues get taken up by the court.

[visualops]

Heehee the Dims must be frothing at the mouth lol

[Dog]

No..

There has to be a reason that they only wanted TWO fights that we don't know about.

[Jim Noble]

Now everyone should pray that Pres. Bush makes an excellent choice for the O'Connor seat, and does it this week.

I'd like to hope that the N.O. social disaster raises JRB's stock.

But, you know how after the abuse you have been taking becomes JUST TOO MUCH, you run out to get ice cream?

I fear that Gonzales will be Bush's ice cream sundae.

[nonliberal]

IIRC, the CJ only decides who writes majority opinions if the CJ votes with the majority. Otherwise, it is based on seniority, I believe.

[maica]

Why did Mom dress that kid up like it was 1960 all over again?

####

That is how lots of us dress our children and grandchildren here on the East Coast. Looked totally normal to me. As a matter of fact I have a photo holding my then 3-yr old son at the front portico of the White House, and he was wearing his best summer outfit - blue seersucker Cacherel bermuda shorts.

[Wormwood]

The most important question is, "Will the next Chief Justice be sporting those stupid gold stripes?"

[Archon of the East]

Without knowing having any SCOTUS experience to judge by, Thomas IMO was clearly the best choice with Scalia being very acceptable also.

[Texas_Conservative2]

This is a BIG mistake he should have nominated Janice Rodges Brown to the chief spot or promoted Scalia or Thomas and put Rodgers in their spot.

I just don't trust Roberts enough for Chief Justice.

[the gillman@blacklagoon.com]

...Now if Roberts turns out to be another William Rehnquist, conservatives have nothing to worry about....

That's a mighty big IF.

He may just as easily be the next Souter.

[southernindymom]

While I would have liked to see Scalia in the position, this will leave for sure Thomas and Scalia as conservatives on the court and allow Bush to appoint another conservative. I guess it just fills the positions faster, given the road blocks the liberal dem's constantly throw up.

[Wormwood]

I just don't trust Roberts enough for Chief Justice.

Hell, I barely trust him enough for associate justice.

[SLB]

If I remember from civics classes; the chief justice assigns associate justices to review various cases and also assigns who will author the opinions for decisions, both the concurring and dissenting. I for one do not want a Ginsberg or Souter assigning cases for review.

Roberts was a part of the Rehnquist circle of associates and knows how he went through the decision process in assigning cases. A Roberts court will probably mirror a Rehnquist court in most regards.

[Graymatter]

One DUmp went, "if we don't remove these men, physically, and very soon, then...us all."

[maica]

He clerked for Rehnquist. I would bet that President Bush and Justice Rehnquist have had some conversation about this move.

[Dave S]

I wish the President would make another nomination right away because the slim conservative plurality on the Courts is gone.

Well actually if Roberts is as conservative as Rennquest who he is a clone of (held same jobs in government and worked for Rennquest) then the court remains unchanged from before O'Connor announced her retirement. O'Connor will remain on the court until her replacement is approved. The other nominee who ever it is will add a more reliable conservative to the bench

[Texas_Conservative2]

The court makes their own rules, just like the congress, the chief can have as much power as the majority on the court want him to have.

The court can even force judges to resign.

[zendari]

It's the only way to have a full 9 judges by october.

[Rebelbase]

That photo is priceless!

[southernindymom]

As my husband asked, is there a black, hispanic woman out there Bush can appoint? That will make all the factions happy.

[Getsmart64]

So what kind of power over the SC does the CSC justice hold?

[KavMan]

Who are some of the RED MEAT type picks Bush can choose for AJ?

Luttig?

[mware]

Janice Brown fits that bill.

[visualops]

And the winner is...Edith Clement. Not only is she a woman, she was runner-up last time and ... she is from New Orleans

Ooohh

[sirchtruth]

That is how lots of us dress our children and grandchildren here on the East Coast.

I can tell you this, I have old 8mm movies where in 1965 I'm wearing the same exact outfit that kids wearing and my Mom looks just like Jaquelyn Kenndy with pillsbury box hat and everything.

[Archon of the East]

I fear that Gonzales will be Bush's ice cream sundae.

This is a BIG fear. If President Bush picks Gonzales we need to worry very much. First it will prove that he really doesn't understand what American Conservatism is all about and second we would immediately begin to fret (even more) about the Roberts nomination. This would IMO send Conservatives into an angry feeling of betrayal and hopelessness.

[George W. Bush]

If true, this makes some sense. Roberts is clearly going to sail through confirmation and he has no real track record on the Court for senators to poke at the way they would with Scalia or Thomas.

Roberts had better be the right man if he's going to be CJ.

[southernindymom]

works for me!!!! I liked her too.

[jdm]

"He clerked for Rehnquist. I would bet that President Bush and Justice Rehnquist have had some conversation about this move."

Exactly. Prior to Rehnquist's death, I'm sure Bush got an earful about Roberts, by talking with Rehnquist himself. Therefore, I trust the President made a wise move here.

[ChronicMA]

The Chief only assigns the opinions when he is part of the majority. If he is dissenting, the senior justice in the majority assigns the opinions (a role that Stevens has often carried out, since he often is on opposite sides with Rehnquist).

[mathluv]

Thanks. I asked ask.com but did not find much.

[AntiGuv]

FWIW, this almost certainly means that O'Connor will be on the Court when the session begins in October.

[visualops]

Because some of us believe traditional clothing looks alot better than the jr gang banger crap that's in most stores.

[Texas_Conservative2]

Many parents (me included) choose not to dress their children like little LA Gangsters, or Professional Athletes.

[cloud8]

> The CJ decides who writes the decisions

and presides over the trial in the Senate in the event of an impeachment.

[GregB]

Very nice shot....bullseye!!!!!!

[joonbug]

Another leak? Roberts original nomination wasn't predicted.

[joesbucks]

Could someone explain why this matters so much. It's not like the Chief Justice gets two votes. As far as I'm concerned, make Ginsburg Chief

From a pure perspective, you are right. But we are talking about ideology and legacy. Style before substance.

[opocno]

The CJ decides who writes the decisions on the side he/she is on. The CJ doesn't decide who writes the decisions on the other side of the argument.

IMO, the CJ's chief power is the power of persuasion and the ability to gauge the internal politics of the SupCt. That is why Scalia would be wasted as CJ. He would have to "tone it down."

[maica]

We are very traditional. Where do you think Jackie O learned how to dress her children!! LOL!

[Don'tMessWithTexas]

The CJ is the chief administrator of the federal judiciary. On the court, the Chief set guidelines for which cases the court takes on appeal. He also runs the conference that the justices have every week and then assigns cases to justices for writing opinions.

[Puppage]

I know it doesnt matter what I think, but we dont know enough about Roberts to place him in the top job for life. If he is appointed we have him for maybe 40 years. Thats too long for someone we dont know that much about

You've read my mind.

[section9]

Janice Rogers Brown for Associate Justice. I can almost guarantee this. Bush needs his base to rally around him after the beating he's been taking from the Left and from the RINO's.

JRB will ignite the base to jihad. We love JRB.

He knows this. A brutal fight for Associate Justice is what he needs.

Be Seeing You,

Chris

[airborne]

Bush is going to take the heat for not promoting from within.

There was a chart I saw yestrday, that showed that 11 of 16 Chief Justices were picked from outside the existing Justices.

Surprised me, that's why I remembered it.

[Sensei Ern]

I heard a 2001 Rehnquist interview on CSPAN, yesterday. He explained that often the other Supreme Court Justices are not nominated because of the fear that it would cause animosity amongst the justices...feeling that they should have been there instead.

[OXENinFLA]

I knew I shouldn't have slept in this morning. I figured Pres. Bush would have waited until Tue. to announce Rehnquist's replacement, oh well.

But I guess he had to announce today since Roberts' hearing start tomorrow.

I kinda wanted to see Scalia be promoted.

I sure hope Roberts turn out to be a good Chief Justice.

[Bernard]

It makes sense in that democrats have already had an opportunity to dig up any dirt on John Roberts. Ands since Sandra Day O'Connor said she would serve until replaced, this allows time for the second appointment.

After all, a full compliment on the SC is better than not having a Chief Justice and an 8 person court.

[AlGone2001]

"Should be Scalia... Not sure what to think of this."

 

CHIEF JUSTICES OF THE US SUPREME COURT

NAME	STATE	APPOINTED BY PRESIDENT	DATE OF JUDICIAL OATH AS CHIEF	DATE SERVICE TERMINATED	SERVICE AS ASSOCIATE
John Jay	New York	George Washington	10-19-1789	6-29-1795	NA
John Rutledge	South Carolina	George Washington	8-12-1795	10-15-1795	2-15-1790 to 3-5-1791
Oliver Ellsworth	Connecticut	George Washington	3-8-1796	10-15-1800	NA
John Marshall	Virginia	John Adams	2-4-1801	7-6-1835	NA
Robert Brook Taney	Maryland	Andrew Jackson	3-28-1836	10-12-1864	NA
Salmon Portland Chase	Ohio	Abraham Lincoln	10-15-1864	5-7-1873	NA
Morrison Remick Waite	Ohio	Ulysses S. Grant	3-4-1874	3-23-1888	NA
Melville Weston Fuller	Illinois	Grover Cleveland	10-8-1888	7-4-1910	NA
Edward Douglass White	Louisiana	William Taft	12-19-1910	5-19-1921	3-12-1894 to 12-18-1910
William Howard Taft	Connecticut	Warren Harding	7-11-1921	2-3-1930	NA
Charles Evans Hughes	New York	Herbert Hoover	2-24-1930	6-30-1941	10-10-1910 to 6-10-1916
Harlan Fiske Stone	New York	Franklin D. Roosevelt	7-3-1941	4-22-1946	3-2-1925 to 7-2-1941
Fred Moore Vinson	Kentucky	Harry Truman	9-24-1946	9-8-1953	NA
Earl Warren	California	Dwight D. Eisenhower	10-5-1953	6-23-1969	NA
Earl Warren Burger	Virginia	Richard Nixon	6-23-1969	9-26-1986	NA
William Rehnquist	Virginia	Ronald Reagan	9-26-1986	9-3-2005	1-7-1972 to 9-26-1986
?	?	George W. Bush

---

INTERESTING POINTS

1. To date, there have been 16 Chief Justices of the US Supreme Court.
2. Of the 16 Chief Justices, 11 were nominated directly to the position from outside the court.
3. Of the 16 Chief Justices, 5 had previously been associate justices on the bench.
4. John Rutledge had been an associate and left the court with just over 1 year of service, only to return as the 2nd Chief Justice.
5. Charles Evans Hughes had served almost six years on the bench as an associate (1910-16), only to leave the bench and return about 14 years later as Chief Justice.
6. Chief Justices Edward Douglass White, Harlan Fiske Stone, & William Rehnquist are the only 3 chiefs to ever be elevated directly from acting Associate Justice to the position of Chief Justice.
7. Only 3 of the last 8 Chief Justices were appointed while actively serving as an Associate Justice.
8. President George Washington is the only president to appoint more than one Chief Justice, and he appointed 3.
9. It was not until Salmon P. Chase took the oath as Chief Justice that a chief was placed in his role within three days of the vacancy.  He was the 6th Chief Justice.
10. Approximately 55 years after Chase became Chief Justice, Charles Evans Hughes was installed as Chief Justice within 30 days of the vacancy.  He was the 11th Chief Justice.  No justice between them took office in less than 30 days of a vacancy.
11. The last two Chief Justices each took the oath as Chief Justice on the day a vacancy occurred in the Chief Justices slot.
12. The last three openings as Chief Justice were filled in less than 30 days.
13. Only John Marshall served more than 30 years as Chief Justice.  He serve a little over 34 years.  His period of serve spanned a period of six US Presidents.
14. Robert Brook Taney and Melville Weston Fuller are the only other men to serve over 20 years as Chief Justice.  Taney served more than 28 years and Fuller served over 21 years. 
15. Chief Justice Taney's period of service spanned a period of 10 US Presidents.
16. John Rutledge served two times on the bench:  once as an associate and once as the Chief Justice.  His total time on the court was about 15 months.
17. Chief Justice Taft is the only Chief Justice to have served previously as President of the United States.  He served one term as president (1909-13) and took his place on the bench as Chief Justice just 8 years after his presidency ended.  He replaced Chief Justice Edward Douglass White, who he nominated to the same position.
18. The last Chief Justice to die (before Rehnquist) was Fred Vinson, who died in 1953.