# Who will be the next Chief Justice? **URL:** \ **Category:** Great Debates\ **Created:** [September 4, 2005, 3:04am UTC](https://boards.straightdope.com/t/who-will-be-the-next-chief-justice/319985 "2005-09-04T03:04:55Z")\ **Posts on this page:** 20\ **Page:** 1
**Author:** ![alphaboi867](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/alphaboi867/32/3898_2.png) [@alphaboi867](https://boards.straightdope.com/u/alphaboi867)\ **Post date:** [September 4, 2005, 3:04am UTC](https://boards.straightdope.com/t/who-will-be-the-next-chief-justice/319985/1 "2005-09-04T03:04:55Z")
CNN just annouced the death of Chief Justice Rehnquist. Who will Bush appoint to replace him? How will the fallout from Katrina affect the confirmation proceedings? The Senate now has to juggle dueling confirmation hearings. How will the Roberts nomination effect this? Bush probally won’t elevate another Supreme Court Justice as that would creat yet another vacancy and a third confirmation hearing. He was also the last justice to have heard Roe vs. Wade. ---
**Author:** ![Frank](https://avatars.discourse-cdn.com/v4/letter/f/3d9bf3/32.png) [@Frank](https://boards.straightdope.com/u/Frank)\ **Post date:** [September 4, 2005, 3:07am UTC](https://boards.straightdope.com/t/who-will-be-the-next-chief-justice/319985/2 "2005-09-04T03:07:50Z")
Me! Me! Aw, who am I kidding? They’ll probably pay just as much attention to my resume as the College of Cardinals did. I think he’ll elevate Scalia. This is the last thing Bush needed right now. ---
**Author:** ![AFAIKnow](https://avatars.discourse-cdn.com/v4/letter/a/a6a055/32.png) [@AFAIKnow](https://boards.straightdope.com/u/AFAIKnow)\ **Post date:** [September 4, 2005, 3:09am UTC](https://boards.straightdope.com/t/who-will-be-the-next-chief-justice/319985/3 "2005-09-04T03:09:32Z")
> [@alphaboi867](#): > > CNN just annouced the death of Chief Justice Rehnquist. Who will Bush appoint to replace him? How will the fallout from Katrina affect the confirmation proceedings? The Senate now has to juggle dueling confirmation hearings. How will the Roberts nomination effect this? Bush probally won’t elevate another Supreme Court Justice as that would creat yet another vacancy and a third confirmation hearing. He was also the last justice to have heard Roe vs. Wade. My first guess would be Thomas or Scalia. Can you imagine who he would have to nominate to be confirmed as a new justice _and_ Chief Justice? ---
**Author:** ![dalej42](https://avatars.discourse-cdn.com/v4/letter/d/67e7ee/32.png) [@dalej42](https://boards.straightdope.com/u/dalej42)\ **Post date:** [September 4, 2005, 3:14am UTC](https://boards.straightdope.com/t/who-will-be-the-next-chief-justice/319985/4 "2005-09-04T03:14:13Z")
This is the last thing Bush wants right now. Bush has taken a hit over the hurricane. My guess is he wants Roberts to go through first. He will then try to appoint a new chief justice. I don’ t think he can get Scalia or Thomas through the Senate right now. He can either pick Kennedy or else grab a mainstream choice. ---
**Author:** ![alphaboi867](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/alphaboi867/32/3898_2.png) [@alphaboi867](https://boards.straightdope.com/u/alphaboi867)\ **Post date:** [September 4, 2005, 3:15am UTC](https://boards.straightdope.com/t/who-will-be-the-next-chief-justice/319985/5 "2005-09-04T03:15:44Z")
> [@AFAIKnow](#): > > My first guess would be Thomas or Scalia. Can you imagine who he would have to nominate to be confirmed as a new justice _and_ Chief Justice? One would only be confirmed as Chief Justice. One set of hears. Elevating sitting justices it the exeptions rather than the rule. If Bush wants to elevate to sitting justice he’ll have to dead with _3_ confitmations. One for Roberts, one to elevate a sitting justice to CJ, and one to replace the sitting justice. ---
**Author:** ![LavenderBlue](https://avatars.discourse-cdn.com/v4/letter/l/e95f7d/32.png) [@LavenderBlue](https://boards.straightdope.com/u/LavenderBlue)\ **Post date:** [September 4, 2005, 3:18am UTC](https://boards.straightdope.com/t/who-will-be-the-next-chief-justice/319985/6 "2005-09-04T03:18:53Z")
Scalia. Bush wants some red meat to throw to his base. ---
**Author:** ![dalej42](https://avatars.discourse-cdn.com/v4/letter/d/67e7ee/32.png) [@dalej42](https://boards.straightdope.com/u/dalej42)\ **Post date:** [September 4, 2005, 3:25am UTC](https://boards.straightdope.com/t/who-will-be-the-next-chief-justice/319985/7 "2005-09-04T03:25:44Z")
> [@lavenderlemon](#): > > Scalia. Bush wants some red meat to throw to his base. No, Bush has taken a huge hit with his failure to respond to the hurricane on top of the vacation and his response to Cindy Sheehan. He can’t get through Scalia in the Senate. ---
**Author:** ![LavenderBlue](https://avatars.discourse-cdn.com/v4/letter/l/e95f7d/32.png) [@LavenderBlue](https://boards.straightdope.com/u/LavenderBlue)\ **Post date:** [September 4, 2005, 3:34am UTC](https://boards.straightdope.com/t/who-will-be-the-next-chief-justice/319985/8 "2005-09-04T03:34:18Z")
> [@dalej42](#): > > No, Bush has taken a huge hit with his failure to respond to the hurricane on top of the vacation and his response to Cindy Sheehan. He can’t get through Scalia in the Senate. I hope you’re right. But I wonder if Bush’s base is all that angry about his response to the hurricane. The Republicans have been pretty solid in their support of the president. I think the overall country is angry at his response. I’m not so sure about much of the Senate. The Senate is more conservative than the rest of America. ---
**Author:** ![AFAIKnow](https://avatars.discourse-cdn.com/v4/letter/a/a6a055/32.png) [@AFAIKnow](https://boards.straightdope.com/u/AFAIKnow)\ **Post date:** [September 4, 2005, 3:47am UTC](https://boards.straightdope.com/t/who-will-be-the-next-chief-justice/319985/9 "2005-09-04T03:47:00Z")
I do see Roberts going through much quicker now. You guys may be right, and Cheif Justic Roberts looks more reasonable than it did a few minutes ago. But I always thought Dubya would be appointing 3 Justices anyways. ---
**Author:** ![BobT](https://avatars.discourse-cdn.com/v4/letter/b/8e8cbc/32.png) [@BobT](https://boards.straightdope.com/u/BobT)\ **Post date:** [September 4, 2005, 4:00am UTC](https://boards.straightdope.com/t/who-will-be-the-next-chief-justice/319985/10 "2005-09-04T04:00:19Z")
I think Roberts will get “Get a Supreme Court seat for Free” card because of other problems. But I don’t think Bush will want to get too adventurous with the Chief Justice seat. If there is an economic downturn because of Katrina, then Bush will see those approval numbers plummet. ---
**Author:** ![Neptunian\_Slug](https://avatars.discourse-cdn.com/v4/letter/n/ce7236/32.png) [@Neptunian\_Slug](https://boards.straightdope.com/u/Neptunian_Slug)\ **Post date:** [September 4, 2005, 4:09am UTC](https://boards.straightdope.com/t/who-will-be-the-next-chief-justice/319985/11 "2005-09-04T04:09:54Z")
Justice Scalia won’t be named. He would then be in the position of having to deal with a third confirmation hearing. One for Judge Roberts, one for the Chief Justice and then a third to replace Justice Scalia. If nothing else, it would leave the Court with potential 4-4 ties until a new justice was named and confirmed. That would put any issues that the President holds dear at risk. My bet is on Judge Wilkinson from the Fourth Circuit in Richmond. He is reliably conservative and a good legal mind. From what I have read, he is not as ascerbic as Justice Scalia or his fellow 4th circuit judge, Michael Luttig. My party’s lunatic fringe isn’t fond of him, but I think he would win confirmation. ---
**Author:** ![AFAIKnow](https://avatars.discourse-cdn.com/v4/letter/a/a6a055/32.png) [@AFAIKnow](https://boards.straightdope.com/u/AFAIKnow)\ **Post date:** [September 4, 2005, 4:15am UTC](https://boards.straightdope.com/t/who-will-be-the-next-chief-justice/319985/12 "2005-09-04T04:15:10Z")
He is still going to nominate at last 2 justices,maybe more and a Chief. I do not see him being impeached , and I do not see Congress allowing 2 empty seats for 3 years. Do you think his base will will sit by if he appoints anyone left of Roberts? He may not have been re-elected if the NOLA debacle happened a 2 years ago, but the Senate isn’t going to turn on him any more because of it. ---
**Author:** ![squeegee](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/squeegee/32/14537_2.png) [@squeegee](https://boards.straightdope.com/u/squeegee)\ **Post date:** [September 4, 2005, 4:28am UTC](https://boards.straightdope.com/t/who-will-be-the-next-chief-justice/319985/13 "2005-09-04T04:28:00Z")
That came somewhat out of left field. Rehnquist was ill, but it seemed (to me) he was good for a few months at least. I’m thinking of his “that’s for me to know and you to find out” comment recently – he seemed too cussed stubborn to die. My sympathies to his loved ones. On the national scale – wow – it’s just a cluster-fuck-a-minute this week. Katrina and now Rehnquist. The former devastating, the latter momentous. Both will weigh large. ---
**Author:** ![squeegee](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/squeegee/32/14537_2.png) [@squeegee](https://boards.straightdope.com/u/squeegee)\ **Post date:** [September 4, 2005, 4:36am UTC](https://boards.straightdope.com/t/who-will-be-the-next-chief-justice/319985/14 "2005-09-04T04:36:11Z")
> [@dalej42](#): > > This is the last thing Bush wants right now. I’d disagree with that. This is _precisely_ what he needs right now – a change of subject away from Katrina. A gift from the gods. ---
**Author:** ![Saint\_Cad](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/saint_cad/32/18907_2.png) [@Saint\_Cad](https://boards.straightdope.com/u/Saint_Cad)\ **Post date:** [September 4, 2005, 4:58am UTC](https://boards.straightdope.com/t/who-will-be-the-next-chief-justice/319985/15 "2005-09-04T04:58:25Z")
It’s a pity O’Connor resigned. She’d make a great Chief Justice of the United States. Not that I think she would, but could she recind her resignation since it hasn’t taken effect and instead have Roberts replace Rehnquist then O’Connor gets bumped up to CJ? ---
**Author:** ![dalej42](https://avatars.discourse-cdn.com/v4/letter/d/67e7ee/32.png) [@dalej42](https://boards.straightdope.com/u/dalej42)\ **Post date:** [September 4, 2005, 2:31pm UTC](https://boards.straightdope.com/t/who-will-be-the-next-chief-justice/319985/16 "2005-09-04T14:31:48Z")
[Here](http://boards.straightdope.com/sdmb/showthread.php?t=256536&highlight=chief+justice) is my identical thread from last year. ---
**Author:** ![ITR\_champion](https://avatars.discourse-cdn.com/v4/letter/i/c67d28/32.png) [@ITR\_champion](https://boards.straightdope.com/u/ITR_champion)\ **Post date:** [September 4, 2005, 4:57pm UTC](https://boards.straightdope.com/t/who-will-be-the-next-chief-justice/319985/17 "2005-09-04T16:57:47Z")
Realistically I imagine he’ll pick somebody at about the same point on the political spectrum as Roberts for the new seat on the court. Going farther right than Roberts would be a bad move at this point, given his current poll numbers. Furthermore only the Ann Coulter elements of the right were complaining that Roberts wasn’t conservative enough for their tastes, and those can be safely ignored. As for the Chief Justice seat, what’s important to remember is that it’s mainly a symbolic position. The Chief Justice has certain official duties such as assigning the writing of positions, but they wield as much actual power as any of the other eight justices. ---
**Author:** ![Larry\_Borgia](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/larry_borgia/32/156_2.png) [@Larry\_Borgia](https://boards.straightdope.com/u/Larry_Borgia)\ **Post date:** [September 4, 2005, 5:56pm UTC](https://boards.straightdope.com/t/who-will-be-the-next-chief-justice/319985/18 "2005-09-04T17:56:32Z")
[Here’s](http://slate.msn.com/id/2109807/) an interesting _Slate_ article on the role of the Chief Justice. Apparently, if they’re clever they can have more power than I would have thought. ---
**Author:** ![BrainGlutton](https://avatars.discourse-cdn.com/v4/letter/b/82dd89/32.png) [@BrainGlutton](https://boards.straightdope.com/u/BrainGlutton)\ **Post date:** [September 4, 2005, 5:59pm UTC](https://boards.straightdope.com/t/who-will-be-the-next-chief-justice/319985/19 "2005-09-04T17:59:55Z")
> [@dalej42](#): > > I don’ t think he can get Scalia or Thomas through the Senate right now. Why not? It’s a Republican-controlled Senate, and both Scalia and Thomas are known quantities; I wouldn’t expect the Dems to filibuster either of them. ---
**Author:** ![Frank](https://avatars.discourse-cdn.com/v4/letter/f/3d9bf3/32.png) [@Frank](https://boards.straightdope.com/u/Frank)\ **Post date:** [September 4, 2005, 6:23pm UTC](https://boards.straightdope.com/t/who-will-be-the-next-chief-justice/319985/20 "2005-09-04T18:23:33Z")
> [@BrainGlutton](#): > > Why not? It’s a Republican-controlled Senate, and both Scalia and Thomas are known quantities; I wouldn’t expect the Dems to filibuster either of them. I would Thomas - he is as dumb as a rock. I do agree that Scalia would sail through, rejecting him gains nothing. [Next page](https://boards.straightdope.com/t/who-will-be-the-next-chief-justice/319985.md?page=2)