| John G. Roberts to Replace William H. Rehnquist as Chief Justice |
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Washington (24x7Updates) -- President Bush nominated Judge John G. Roberts Jr. today to replace Chief Justice William H. Rehnquist, whose death late Saturday opened a second vacancy on the Supreme Court and a new front in the ideological battle over the judiciary.
A relative newcomer to the bench — Roberts has served as a federal appellate court judge for only two years — Roberts has been under intense scrutiny since he was chosen by Bush in July to succeed retiring Justice Sandra Day O’Connor.
Many liberal groups have opposed him, but no major obstacles to his confirmation have emerged.
"For the past two months, members of the United States Senate and the American people have learned about the career and character of Judge Roberts," Bush said in announcing his choice this morning. "They like what they see."
The Senate Judiciary Committee had been set to begin confirmation hearings for Roberts on Tuesday, but a senior Senate leadership aide said today that those hearings have been postponed at least until Thursday out of respect for Rehnquist, whose funeral is scheduled for Wednesday.
In choosing a chief justice as young as the 50-year-old Roberts, Bush moved to leave a stamp on the court’s leadership for decades to come. He called on the Senate to confirm Roberts before the court opens its fall term Oct. 3.
Roberts’ elevation to chief also re-opens the O’Connor seat. Bush said he would move swiftly to nominate someone else for it. He’s expected to face new pressure to replace O’Connor, the court’s first female justice, with another woman. He could also nominate his attorney General, Alberto Gonzales, to the seat, making him the first Hispanic to sit on the court.
It’s unlikely that Bush could get anyone confirmed for O’Connor’s seat before Oct. 3, though, leaving the opening of the next term in flux.
O’Connor’s resignation is technically set to take effect only once her successor is confirmed, so she may be expected to return to the bench while confirmation proceedings take place. But that raises further complications: She can’t hear cases in October or November and then have her successor vote on them when they’re decided in January or later.
O’Connor’s continued service could also be compromised by personal concerns. One of the reasons she retired was to care for her ailing husband, who is stricken with Alzheimer’s disease.
The Roberts nomination to chief justice unfolds as the nation prepares to pay its final respects to Rehnquist. The former chief justice is scheduled to lie in repose in the Supreme Court’s great hall Tuesday and Wednesday. Burial at Arlington National Cemetery will follow a funeral Thursday.
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