# 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:** 19\ **Page:** 2
**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, 7:45pm UTC](https://boards.straightdope.com/t/who-will-be-the-next-chief-justice/319985/21 "2005-09-04T19:45:34Z")
> [@This Year's Model](#): > > I would Thomas - he is as dumb as a rock. I do agree that Scalia would sail through, rejecting him gains nothing. Amen. Chief Justice Thomas is a scary thought although his opinions are pretty entertaining. At least we’d have more of them to laugh at. ---
**Author:** ![Blalron](https://avatars.discourse-cdn.com/v4/letter/b/35a633/32.png) [@Blalron](https://boards.straightdope.com/u/Blalron)\ **Post date:** [September 4, 2005, 8:06pm UTC](https://boards.straightdope.com/t/who-will-be-the-next-chief-justice/319985/22 "2005-09-04T20:06:33Z")
Scalia or Thomas. Bush has no shame. I’d say his balls were made of brass, but the real explanation is that he is so arrogant that he thinks he can get away with anything. And with the spineless dems as the opposition party, he just may be right. ---
**Author:** ![JRDelirious](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/jrdelirious/32/9531_2.png) [@JRDelirious](https://boards.straightdope.com/u/JRDelirious)\ **Post date:** [September 5, 2005, 12:14am UTC](https://boards.straightdope.com/t/who-will-be-the-next-chief-justice/319985/23 "2005-09-05T00:14:27Z")
> [@SaintCad](#): > > 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? You got it somewhat confused. Rhenquist’s has what is a distinct appointment in its own right: his vacancy IS that of Chief Justice. O’Connor would have to make effective immediately her resignation to the Associate Justice seat and then be nominated to CJ. ---
**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 5, 2005, 1:13am UTC](https://boards.straightdope.com/t/who-will-be-the-next-chief-justice/319985/24 "2005-09-05T01:13:46Z")
> [@JRDelirious](#): > > You got it somewhat confused. Rhenquist’s has what is a distinct appointment in its own right: his vacancy IS that of Chief Justice. O’Connor would have to make effective immediately her resignation to the Associate Justice seat and then be nominated to CJ. She can be nominated to be Chief Justice while sitting as an associate Justice. If Bush did decide to elevate he’d only have one vacancy to deal with verse 2 for any other option. ---
**Author:** ![Psycho\_Pirate](https://avatars.discourse-cdn.com/v4/letter/p/9e8a1a/32.png) [@Psycho\_Pirate](https://boards.straightdope.com/u/Psycho_Pirate)\ **Post date:** [September 5, 2005, 1:36am UTC](https://boards.straightdope.com/t/who-will-be-the-next-chief-justice/319985/25 "2005-09-05T01:36:22Z")
> [@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 hate to burst your bubble, but Bush’s base is strongly behind his response on both of these issues. Most of those who are throwing stones were not fans of Bush to begin with. ---
**Author:** ![Frank](https://avatars.discourse-cdn.com/v4/letter/f/3d9bf3/32.png) [@Frank](https://boards.straightdope.com/u/Frank)\ **Post date:** [September 5, 2005, 1:39am UTC](https://boards.straightdope.com/t/who-will-be-the-next-chief-justice/319985/26 "2005-09-05T01:39:02Z")
> [@alphaboi867](#): > > She can be nominated to be Chief Justice while sitting as an associate Justice. If Bush did decide to elevate he’d only have one vacancy to deal with verse 2 for any other option. Huh? If Bush chooses to nominate a sitting justice to chief justice, there will still need to be a nomination hearing and confirmation by the Senate for that for that. There are two vacancies. The only question is whether there are going to be two or three hearings and confirmations. (Or rejections.) O’Connor wants to leave the court primarily for family reasons. I can’t imagine she’d accept it even if offered. ---
**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 5, 2005, 2:14am UTC](https://boards.straightdope.com/t/who-will-be-the-next-chief-justice/319985/27 "2005-09-05T02:14:46Z")
> [@JRDelirious](#): > > You got it somewhat confused. Rhenquist’s has what is a distinct appointment in its own right: his vacancy IS that of Chief Justice. O’Connor would have to make effective immediately her resignation to the Associate Justice seat and then be nominated to CJ. OK, let me painfully detailed. Roberts would be appointed as an associate justice of the Supreme Court and assigned the Fourth Circuit (Rehnquist’s circuit). O’Connor would be appointed Chief Justice of the United States and in addition to her Ninth Circuit duties, she would be assigned the District of Columbia Circuit and the Federal Circuit. Bear in mind that I did not want to be overly pedantic in my original post. Although many presidents have treated Chief Justice as a separate appointment, I was referring to Rehnquist’s position as a justice on the court, not THE Chief Justice. I thought that would have been clear when I talked about elevating O’Connor to CJOTUS. ---
**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 5, 2005, 2:20am UTC](https://boards.straightdope.com/t/who-will-be-the-next-chief-justice/319985/28 "2005-09-05T02:20:01Z")
> [@This Year's Model](#): > > Huh? > > If Bush chooses to nominate a sitting justice to chief justice, there will still need to be a nomination hearing and confirmation by the Senate for that for that. There are two vacancies. The only question is whether there are going to be two or three hearings and confirmations. (Or rejections.) > > O’Connor wants to leave the court primarily for family reasons. I can’t imagine she’d accept it even if offered. Right there’d still be 2 hearings but only one actual vacancy. It would be as if she never resigned and Roberts was being nominated to fill the vacancy caused by her elevation rather than her retirement. ---
**Author:** ![Frank](https://avatars.discourse-cdn.com/v4/letter/f/3d9bf3/32.png) [@Frank](https://boards.straightdope.com/u/Frank)\ **Post date:** [September 5, 2005, 2:24am UTC](https://boards.straightdope.com/t/who-will-be-the-next-chief-justice/319985/29 "2005-09-05T02:24:38Z")
> [@alphaboi867](#): > > Right there’d still be 2 hearings but only one actual vacancy. It would be as if she never resigned and Roberts was being nominated to fill the vacancy caused by her elevation rather than her retirement. Oh, OK, I get it now. ---
**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 5, 2005, 2:24am UTC](https://boards.straightdope.com/t/who-will-be-the-next-chief-justice/319985/30 "2005-09-05T02:24:43Z")
> [@This Year's Model](#): > > Huh? > > If Bush chooses to nominate a sitting justice to chief justice, there will still need to be a nomination hearing and confirmation by the Senate for that for that. There are two vacancies. The only question is whether there are going to be two or three hearings and confirmations. (Or rejections.) > > O’Connor wants to leave the court primarily for family reasons. I can’t imagine she’d accept it even if offered. Neither do I. It was just idle speculation given that a vacancy has opened up before her replacement has been approved by the Senate. If bush is smart, he’ll appoint a young CJ that can serve for many years. That means that both O’Connor (if she were to stay) and Scalia are out. Roberts is 50 and the question is would the Senate approve of someone much younger than that to be CJ? If not, then Roberts may be his best choice. ---
**Author:** ![Little\_Nemo](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/little_nemo/32/3120_2.png) [@Little\_Nemo](https://boards.straightdope.com/u/Little_Nemo)\ **Post date:** [September 5, 2005, 3:12am UTC](https://boards.straightdope.com/t/who-will-be-the-next-chief-justice/319985/31 "2005-09-05T03:12:19Z")
If he decides to elevate, my guess is Bush will go with Thomas. Both Scalia and Thomas would be popular choices with conservatives, but Scalia would be more attackable. Thomas as the first black nominee for Chief Justice will divide up and mute the opposition. This disarray will help get Roberts and the other associate nominee in. ---
**Author:** ![zuma](https://avatars.discourse-cdn.com/v4/letter/z/e9c0ed/32.png) [@zuma](https://boards.straightdope.com/u/zuma)\ **Post date:** [September 5, 2005, 11:39am UTC](https://boards.straightdope.com/t/who-will-be-the-next-chief-justice/319985/32 "2005-09-05T11:39:46Z")
Bush is nominating Roberts, according to CNN. ---
**Author:** ![Elysian](https://avatars.discourse-cdn.com/v4/letter/e/c77e96/32.png) [@Elysian](https://boards.straightdope.com/u/Elysian)\ **Post date:** [September 5, 2005, 12:12pm UTC](https://boards.straightdope.com/t/who-will-be-the-next-chief-justice/319985/33 "2005-09-05T12:12:39Z")
> [@zuma](#): > > Bush is nominating Roberts, according to CNN. The confirmation hearing are going to be a cakewalk :rolleyes: I honestly didn’t think Bush would try something this stupid, not to be partisan or anything. We don’t know a thing about Roberts, and Bush wants this unknown to lead the court? WTF is he thinking? My opinion is that Bush wants to put a very strong stamp on the court. That way he’ll be remembered for things like Freeing Iraqi People and now Saving the Courts. The hearing are going to be a circus. ---
**Author:** ![Elysian](https://avatars.discourse-cdn.com/v4/letter/e/c77e96/32.png) [@Elysian](https://boards.straightdope.com/u/Elysian)\ **Post date:** [September 5, 2005, 12:13pm UTC](https://boards.straightdope.com/t/who-will-be-the-next-chief-justice/319985/34 "2005-09-05T12:13:52Z")
Hearing_s_. My mad keyboard skillz are lacking today. ---
**Author:** ![BobLibDem](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/boblibdem/32/3149_2.png) [@BobLibDem](https://boards.straightdope.com/u/BobLibDem)\ **Post date:** [September 5, 2005, 12:41pm UTC](https://boards.straightdope.com/t/who-will-be-the-next-chief-justice/319985/35 "2005-09-05T12:41:02Z")
It makes sense. What’s Bush supposed to do- say “A month ago I told you John Roberts was the best person I could find. Now son of a gun, I’ve found someone better to be Chief”? If Roberts truly was the best available a month ago, he’s the best available now. ---
**Author:** ![Little\_Nemo](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/little_nemo/32/3120_2.png) [@Little\_Nemo](https://boards.straightdope.com/u/Little_Nemo)\ **Post date:** [September 5, 2005, 3:41pm UTC](https://boards.straightdope.com/t/who-will-be-the-next-chief-justice/319985/36 "2005-09-05T15:41:48Z")
Wonder how many frequent flier miles it took for that upgrade. ---
**Author:** ![Little\_Nemo](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/little_nemo/32/3120_2.png) [@Little\_Nemo](https://boards.straightdope.com/u/Little_Nemo)\ **Post date:** [September 5, 2005, 3:44pm UTC](https://boards.straightdope.com/t/who-will-be-the-next-chief-justice/319985/37 "2005-09-05T15:44:32Z")
I think it was a smart choice. Roberts’ nomination seemed to be going along as well as could be hoped. The question now is will Bush wait until Roberts is confimed (assuming he is) before naming his second nominee or will he go two for one? ---
**Author:** ![asterion](https://avatars.discourse-cdn.com/v4/letter/a/4da419/32.png) [@asterion](https://boards.straightdope.com/u/asterion)\ **Post date:** [September 5, 2005, 4:26pm UTC](https://boards.straightdope.com/t/who-will-be-the-next-chief-justice/319985/38 "2005-09-05T16:26:06Z")
I’m not that surprised. Remember, O’Conner said that she would not actually leave until her replacement got through the Senate. So if you get Roberts through in time as an associate justice you still have the possibility of a 4-4 split. If you get him through as Chief Justice, there is time to replace O’Conner and have a full court. In any case, if it was Roberts or somebody else, I’d say that the important position to fill right now is that of Chief Justice. ---
**Author:** ![LavenderBlue](https://avatars.discourse-cdn.com/v4/letter/l/e95f7d/32.png) [@LavenderBlue](https://boards.straightdope.com/u/LavenderBlue)\ **Post date:** [September 5, 2005, 5:10pm UTC](https://boards.straightdope.com/t/who-will-be-the-next-chief-justice/319985/39 "2005-09-05T17:10:49Z")
This was a clever decision. Roberts isn’t really red meat material for the Dems. I don’t think Bush wanted another firestorm after the current crisis. The question now becomes who will replace O’Connor. I’m thinking Edith Clement from N.O. might be a shoe-in. [Previous page](https://boards.straightdope.com/t/who-will-be-the-next-chief-justice/319985.md?page=1)