# Bush to appoint Roberts as Chief Justice
**URL:** https://boards.straightdope.com/t/bush-to-appoint-roberts-as-chief-justice/320205
**Category:** The BBQ Pit
**Created:** [September 5, 2005, 3:32pm UTC](https://boards.straightdope.com/t/bush-to-appoint-roberts-as-chief-justice/320205 "2005-09-05T15:32:47Z")
**Posts on this page:** 20
**Page:** 1
### Author:  [@Mac\_Guffin](https://boards.straightdope.com/u/Mac_Guffin)
#### Post date: [September 5, 2005, 3:32pm UTC](https://boards.straightdope.com/t/bush-to-appoint-roberts-as-chief-justice/320205/1 "2005-09-05T15:32:47Z")
[http://www.indystar.com/apps/pbcs.dll/article?AID=/20050905/NEWS06/50905001](http://www.indystar.com/apps/pbcs.dll/article?AID=/20050905/NEWS06/50905001)
Isn’t this just dandy. Lord knows his judicial experence qualifies him to lead the highest court in the land.
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### Author:  [@Enderw24](https://boards.straightdope.com/u/Enderw24)
#### Post date: [September 5, 2005, 3:56pm UTC](https://boards.straightdope.com/t/bush-to-appoint-roberts-as-chief-justice/320205/2 "2005-09-05T15:56:13Z")
Stolen from John Corrado’s post back on July 20th:
> [@](#):
>
> John Jay: experience as a lawyer and as Secretary of State, no judicial experience.
>
> Oliver Ellsworth: Connecticut’s State Attorney for eight years, then a senator. No judicial experience.
>
> John Marshall: Lawyer, Virginia State Delegate, Congressman. No judicial experience.
>
> Roger Taney: Lawyer, Attorney General of Maryland, Attorney General of the United States. No judicial experience.
>
> Salmon Chase: Lawyer, Senator, Governor of Ohio. No judicial experience.
>
> Morrison Waite: Lawyer, Ohio State Senator. No judicial experience, though his father was a judge.
>
> Melville Fuller: Lawyer, member of the Illinois House of Representatives. No judicial experience.
>
> Edward White: Lawyer, Associate Justice in the Supreme Court of Lousiana for less than two years, Senator.
>
> Okay, so I’m up to Chief Justices from 1789 to 1921, and they all together have less judicial experience than Roberts.
>
> William Howard Taft: Federal Judge for the Sixth Court of Appeals.
>
> Charles Evans Hughes: Lawyer, Governor of New York. No judicial experience.
>
> Harlan Stone: Lawyer, Attorney General of the United States. No judicial experience.
>
> Frederick Vinson: Lawyer, Commonwealth Attorney for Kentucky. Five years on the Federal Bench.
>
> Earl Warren: Lawyer, District Attorney for San Francisco county, Governor of Califronia. No judicial experience.
>
> Warren Burger: Lawyer, Assistant Attorney General, served on the United States Court of Appeals for 13 years.
>
> William Rehnquist: Lawyer, Assistant Attorney General. No judicial experience.
>
> Okay, so of 15 Chief Justices, Roberts has more judicial experience in his two years than 13 of them.
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### Author:  [@Slacker](https://boards.straightdope.com/u/Slacker)
#### Post date: [September 5, 2005, 4:08pm UTC](https://boards.straightdope.com/t/bush-to-appoint-roberts-as-chief-justice/320205/3 "2005-09-05T16:08:19Z")
> [@Enderw24](#):
>
> Stolen from John Corrado’s post back on July 20th:
>
> William Rehnquist: Lawyer, Assistant Attorney General. No judicial experience.
>
> Okay, so of 15 Chief Justices, Roberts has more judicial experience in his two years than 13 of them.
Um, I’m no Supeme Court expert, but reading any [brief biography](http://en.wikipedia.org/wiki/William_Rehnquist#Justice_Department_and_Supreme_Court_service) of Renquist reveals that he was a Supreme Court Justice from 1972 to 1986 before ascending to the top spot. Seems that fourteen is more than two.
Is the rest of that list as thoroughly researched?
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### Author:  [@hajario](https://boards.straightdope.com/u/hajario)
#### Post date: [September 5, 2005, 4:08pm UTC](https://boards.straightdope.com/t/bush-to-appoint-roberts-as-chief-justice/320205/4 "2005-09-05T16:08:45Z")
He has argued a shitload of cases before the Court, more than nearly anyone alive. You may not care for his politics but he is clearly qualified.
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### Author:  [@Mac\_Guffin](https://boards.straightdope.com/u/Mac_Guffin)
#### Post date: [September 5, 2005, 4:11pm UTC](https://boards.straightdope.com/t/bush-to-appoint-roberts-as-chief-justice/320205/5 "2005-09-05T16:11:18Z")
Ok look. is he qualified to LEAD the court? I mean I have talked to doctors plenty of times, does that mean I am qualified to be chief of surgery?
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### Author:  [@Contrapuntal](https://boards.straightdope.com/u/Contrapuntal)
#### Post date: [September 5, 2005, 4:11pm UTC](https://boards.straightdope.com/t/bush-to-appoint-roberts-as-chief-justice/320205/6 "2005-09-05T16:11:38Z")
> [@Slacker](#):
>
> Um, I’m no Supeme Court expert, but reading any [brief biography](http://en.wikipedia.org/wiki/William_Rehnquist#Justice_Department_and_Supreme_Court_service) of Renquist reveals that he was a Supreme Court Justice from 1972 to 1986 before ascending to the top spot. Seems that fourteen is more than two.
>
> Is the rest of that list as thoroughly researched?
I am fairly sure that the post referred to concerned qualifications for the Court, not Chief Justice. Back on July 20th Chief justice was not on the table. I wonder how the rest of the justices feel about this.
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### Author:  [@hajario](https://boards.straightdope.com/u/hajario)
#### Post date: [September 5, 2005, 4:15pm UTC](https://boards.straightdope.com/t/bush-to-appoint-roberts-as-chief-justice/320205/7 "2005-09-05T16:15:01Z")
> [@Mac Guffin](#):
>
> Ok look. is he qualified to LEAD the court? I mean I have talked to doctors plenty of times, does that mean I am qualified to be chief of surgery?
Nice strawman. Do you have a medical degree? Have you worked in the medical field for decades? Have you helped medical doctors make major decisions regarding unprecidented procedures.
Try again.
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### Author:  [@hajario](https://boards.straightdope.com/u/hajario)
#### Post date: [September 5, 2005, 4:19pm UTC](https://boards.straightdope.com/t/bush-to-appoint-roberts-as-chief-justice/320205/8 "2005-09-05T16:19:42Z")
> [@Contrapuntal](#):
>
> I wonder how the rest of the justices feel about this.
I can’t imagine that they’d be suprised. It was a very obvious decision given that most Chiefs do not start out as Associates and O’Conner agreed to stay on until _her_ successor was chosen.
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### Author:  [@you\_with\_the\_face](https://boards.straightdope.com/u/you_with_the_face)
#### Post date: [September 5, 2005, 4:25pm UTC](https://boards.straightdope.com/t/bush-to-appoint-roberts-as-chief-justice/320205/9 "2005-09-05T16:25:37Z")
It does seem rather strange to not promote someone from within as opposed to letting the newbie fill that spot. Sure he may be qualified, but I’m thinking with all things being equal, seniority counts for more than credentials. At this point we don’t even know where he really stands on major constitutional issues, but Bush wants him to lead the highest court of the land?
It’s like appointing someone as concert master without hearing them play first. If I were the other justices, I would most displeased.
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### Author:  [@hajario](https://boards.straightdope.com/u/hajario)
#### Post date: [September 5, 2005, 4:40pm UTC](https://boards.straightdope.com/t/bush-to-appoint-roberts-as-chief-justice/320205/10 "2005-09-05T16:40:21Z")
> [@you with the face](#):
>
> It’s like appointing someone as concert master without hearing them play first. If I were the other justices, I would most displeased.
Once again, the overwhelming majority of CJ’s were not AJ’s first. Not only would this not come as a suprise, it would have been expected. It would require an additional confirmation hearing. There is no way they were displeased.
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### Author:  [@Chefguy](https://boards.straightdope.com/u/Chefguy)
#### Post date: [September 5, 2005, 4:42pm UTC](https://boards.straightdope.com/t/bush-to-appoint-roberts-as-chief-justice/320205/11 "2005-09-05T16:42:58Z")
> [@you with the face](#):
>
> It’s like appointing someone as concert master without hearing them play first. If I were the other justices, I would most displeased.
That’s the difference between SCJs and the rest of us. They’re ‘displeased’ with things; we’re just pissed.
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### Author:  [@John\_Mace](https://boards.straightdope.com/u/John_Mace)
#### Post date: [September 5, 2005, 4:50pm UTC](https://boards.straightdope.com/t/bush-to-appoint-roberts-as-chief-justice/320205/12 "2005-09-05T16:50:59Z")
> [@you with the face](#):
>
> It does seem rather strange to not promote someone from within as opposed to letting the newbie fill that spot. Sure he may be qualified, but I’m thinking with all things being equal, seniority counts for more than credentials. At this point we don’t even know where he really stands on major constitutional issues, but Bush wants him to lead the highest court of the land?
>
> It’s like appointing someone as concert master without hearing them play first. If I were the other justices, I would most displeased.
Actually, it would be strange (eg, out of the norm) to promote an existing justice. More CJ’s have been appointed from off the bench (SCOTUS) than from on.
I’m certain that the other justices fully understand the politics driving this decision.
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### Author:  [@Contrapuntal](https://boards.straightdope.com/u/Contrapuntal)
#### Post date: [September 5, 2005, 4:52pm UTC](https://boards.straightdope.com/t/bush-to-appoint-roberts-as-chief-justice/320205/13 "2005-09-05T16:52:26Z")
> [@hajario](#):
>
> I can’t imagine that they’d be suprised. It was a very obvious decision given that most Chiefs do not start out as Associates and O’Conner agreed to stay on until _her_ successor was chosen.
I’m sure you’re right but I had no idea. It seems to be counterintuitive. Why is it that most Chiefs do not start out as Associates?
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### Author:  [@hajario](https://boards.straightdope.com/u/hajario)
#### Post date: [September 5, 2005, 5:42pm UTC](https://boards.straightdope.com/t/bush-to-appoint-roberts-as-chief-justice/320205/14 "2005-09-05T17:42:03Z")
> [@Contrapuntal](#):
>
> I’m sure you’re right but I had no idea. It seems to be counterintuitive. Why is it that most Chiefs do not start out as Associates?
I assume that it’s to avoid an additional, divisive confirmation hearing.
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### Author:  [@Suse](https://boards.straightdope.com/u/Suse)
#### Post date: [September 5, 2005, 6:22pm UTC](https://boards.straightdope.com/t/bush-to-appoint-roberts-as-chief-justice/320205/15 "2005-09-05T18:22:52Z")
It was my understanding that the position of Chief Justice only differed from that of Associate Justice in the addition of administrative and ceremonial duties. Is that correct?
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### Author:  [@hajario](https://boards.straightdope.com/u/hajario)
#### Post date: [September 5, 2005, 6:45pm UTC](https://boards.straightdope.com/t/bush-to-appoint-roberts-as-chief-justice/320205/16 "2005-09-05T18:45:47Z")
> [@Suse](#):
>
> It was my understanding that the position of Chief Justice only differed from that of Associate Justice in the addition of administrative and ceremonial duties. Is that correct?
Yes, but the administrative duties can carry a lot of weight.
Not to pick on you but I am suprised about something. We have threads about this in GQ, GD, MPSIMS and the Pit. They are all pretty much asking the same questions although phrased in a manner that is appropriate for the given forum. There is like a huge front page article about this on [CNN.com](http://CNN.com) and every other news site on Earth. Five minutes of reading is all it would take to have an in depth understanding of what is going on here. Why, given this, are people suprised in the least about what happened?
Look, the main reason that I voted for Kerry was because of what I feared could happen to the SCOTUS. I understand the concern. That said, Roberts as a nominee for AJ is entirely appropriate. Given Rehnquist’s death, changing the nomination to CJ is not only appropriate but an obvious and expected decision. It could have been so, so much worse. What am I missing here?
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### Author:  [@PastAllReason](https://boards.straightdope.com/u/PastAllReason)
#### Post date: [September 5, 2005, 6:55pm UTC](https://boards.straightdope.com/t/bush-to-appoint-roberts-as-chief-justice/320205/17 "2005-09-05T18:55:33Z")
> [@Contrapuntal](#):
>
> I’m sure you’re right but I had no idea. It seems to be counterintuitive. Why is it that most Chiefs do not start out as Associates?
I find this interesting since it is the opposite of the experience in Canada. Canada has only had two Chief Justices who were not first Puisne Justices. The first, Sir William Buell Richards, was the first Chief Justice, so obviously there wasn’t much opportunity to be an associate first. The last, Fitzpatrick, held the post of CJC between 1906 and 1918. For nearly a hundred years, all Chief Justices have been appointed from the ranks of the Puisne Justices with seniority of service at the Court usually being an important factor. The current Chief Justice Beverly McLachlin was sat on the SCC for 11 years prior to her being named CJC.
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### Author:  [@gaucho](https://boards.straightdope.com/u/gaucho)
#### Post date: [September 5, 2005, 6:56pm UTC](https://boards.straightdope.com/t/bush-to-appoint-roberts-as-chief-justice/320205/18 "2005-09-05T18:56:18Z")
I’m relieved, actually. I thought for certain that Bush would appoint Scalia when Rehnquist left, but I think he just has too much on his plate and not enough “political capital” right now. Roberts isn’t my ideal, but he seems smart and conscientious, whereas I think we’d be fucked with frothing, partisan Scalia.
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### Author:  [@Suse](https://boards.straightdope.com/u/Suse)
#### Post date: [September 5, 2005, 7:01pm UTC](https://boards.straightdope.com/t/bush-to-appoint-roberts-as-chief-justice/320205/19 "2005-09-05T19:01:02Z")
> [@hajario](#):
>
> It could have been so, so much worse. What am I missing here?
My question was asked merely to confirm or disprove my impression that Roberts as CJ wouldn’t be any worse or better, depending on one’s perspective, as Roberts as an AJ.
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### Author:  [@Merijeek](https://boards.straightdope.com/u/Merijeek)
#### Post date: [September 5, 2005, 7:44pm UTC](https://boards.straightdope.com/t/bush-to-appoint-roberts-as-chief-justice/320205/20 "2005-09-05T19:44:24Z")
> [@Mac Guffin](#):
>
> Ok look. is he qualified to LEAD the court? I mean I have talked to doctors plenty of times, does that mean I am qualified to be chief of surgery?
Depends on how well you either
1. Kiss ass
2. Contribute to campaigns
Or a bottle of gin can make you Chief Of Snoggery.
-Joe, Chief of Dolphin Floggery
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