# Why is Scalia not the lock down go-to guy by Bush for Chief Justice? **URL:** \ **Category:** Great Debates\ **Created:** [September 5, 2005, 12:54pm UTC](https://boards.straightdope.com/t/why-is-scalia-not-the-lock-down-go-to-guy-by-bush-for-chief-justice/320190 "2005-09-05T12:54:10Z")\ **Posts on this page:** 19\ **Page:** 2
**Author:** ![Measure\_for\_Measure](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/measure_for_measure/32/557_2.png) [@Measure\_for\_Measure](https://boards.straightdope.com/u/Measure_for_Measure)\ **Post date:** [September 5, 2005, 8:55pm UTC](https://boards.straightdope.com/t/why-is-scalia-not-the-lock-down-go-to-guy-by-bush-for-chief-justice/320190/21 "2005-09-05T20:55:02Z")
> [@astorian](#): > > Scalia would be a bad fit even from a conservative standpoint. Agreed. This liberal was rooting for Scalia, for the reasons you described. (Well, I think you exagerated Brennan’s diplomatic skill, but still…) Roberts seems to be a fairly affable fellow. Curses! Foiled again! ---
**Author:** ![jshore](https://avatars.discourse-cdn.com/v4/letter/j/b5e925/32.png) [@jshore](https://boards.straightdope.com/u/jshore)\ **Post date:** [September 5, 2005, 10:45pm UTC](https://boards.straightdope.com/t/why-is-scalia-not-the-lock-down-go-to-guy-by-bush-for-chief-justice/320190/22 "2005-09-05T22:45:45Z")
> [@astorian](#): > > Thurgood Marshall, on the other hand, was a dullard and a lazy boor who could NEVER have swayed a single vote to his side in a single case if his life depended on it. Ah…Isn’t this the same Thurgood Marshall who almost single-handedly argued several landmark civil rights cases before the Court, with considerable success? I’m no expert in Thurgood Marshall but I could hardly imagine he is as you have described him! ---
**Author:** ![Evil\_One](https://avatars.discourse-cdn.com/v4/letter/e/45deac/32.png) [@Evil\_One](https://boards.straightdope.com/u/Evil_One)\ **Post date:** [September 5, 2005, 11:00pm UTC](https://boards.straightdope.com/t/why-is-scalia-not-the-lock-down-go-to-guy-by-bush-for-chief-justice/320190/23 "2005-09-05T23:00:01Z")
Politically, Roberts is a good choice for CJ for the same reasons he was a good choice in the first place. He was overwhelmingly confirmed by the Senate just two years ago. There will have to be some pretty severe tap dancing by any Senator that thought he was just fine for the DC court of appeals but is totally wrong for the Supreme Court. Plus if there were any smoking guns, Shumer and Kennedy, et al, would have been bleating to the high heavens already. Once Roberts is confirmed, Bush can proceed to the token nomination. ---
**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 6, 2005, 2:14am UTC](https://boards.straightdope.com/t/why-is-scalia-not-the-lock-down-go-to-guy-by-bush-for-chief-justice/320190/24 "2005-09-06T02:14:20Z")
> [@rjung](#): > > Note that the gold robe stripes were something Rehnquist had sewn on his robes because he thought they were nifty – he first saw them in a Gilbert & Sullivan musical – and not a title of office or anything. Yes, kids, the previous chief justice of the United States was holding hearings with the judicial equivalent of a _Star Trek_ costume… > > As for nominating Roberts as CJ – that just proves Bush is absol-fuckin’-insane… Roberts should do something like that; wear a red robe or a judicial wig. ---
**Author:** ![astro](https://avatars.discourse-cdn.com/v4/letter/a/9dc877/32.png) [@astro](https://boards.straightdope.com/u/astro)\ **Post date:** [September 6, 2005, 2:45am UTC](https://boards.straightdope.com/t/why-is-scalia-not-the-lock-down-go-to-guy-by-bush-for-chief-justice/320190/25 "2005-09-06T02:45:31Z")
> [@alphaboi867](#): > > Roberts should do something like that; wear a red robe or a judicial wig. [Nah… just keep it simple. Maybe a little dance…](http://michellemalkin.com/archives/003067.htm) ---
**Author:** ![astorian](https://avatars.discourse-cdn.com/v4/letter/a/ad7895/32.png) [@astorian](https://boards.straightdope.com/u/astorian)\ **Post date:** [September 6, 2005, 4:50am UTC](https://boards.straightdope.com/t/why-is-scalia-not-the-lock-down-go-to-guy-by-bush-for-chief-justice/320190/26 "2005-09-06T04:50:24Z")
> [@jshore](#): > > Ah…Isn’t this the same Thurgood Marshall who almost single-handedly argued several landmark civil rights cases before the Court, with considerable success? I’m no expert in Thurgood Marshall but I could hardly imagine he is as you have described him! As a Supreme Court justice, Marshall spent most of his time sitting around in a bathrobe or pajamas, watching soap operas. He rarely even pretended to care about the cases he was supposed to be ruling on. “Find out how BRennan is voting” was his standard command to his clerks. No, I’d say “lazy boor” is about right. ---
**Author:** ![guyblond](https://avatars.discourse-cdn.com/v4/letter/g/977dab/32.png) [@guyblond](https://boards.straightdope.com/u/guyblond)\ **Post date:** [September 6, 2005, 5:07am UTC](https://boards.straightdope.com/t/why-is-scalia-not-the-lock-down-go-to-guy-by-bush-for-chief-justice/320190/27 "2005-09-06T05:07:51Z")
Could it be that Roberts is the more moderate nomination that GW will make? Don’t want to pick more of a fight than one needs too. ---
**Author:** ![Marley23](https://avatars.discourse-cdn.com/v4/letter/m/45deac/32.png) [@Marley23](https://boards.straightdope.com/u/Marley23)\ **Post date:** [September 6, 2005, 5:14am UTC](https://boards.straightdope.com/t/why-is-scalia-not-the-lock-down-go-to-guy-by-bush-for-chief-justice/320190/28 "2005-09-06T05:14:42Z")
I’m sorry if somebody already said this, but it seems to me that since Roberts is no longer O’Connor’s replacement - now he’s Rehnquist’s - O’Connor will stay on the bench a little longer. There’s no chance a second appointment would get through the Senate by the time the Court’s term starts on October 3. So the shifting of Roberts’s nomination also makes sure there will be the usual nine justices at that time. ---
**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 6, 2005, 5:49am UTC](https://boards.straightdope.com/t/why-is-scalia-not-the-lock-down-go-to-guy-by-bush-for-chief-justice/320190/29 "2005-09-06T05:49:17Z")
How old is Scalia? How old is Roberts? Bush wants a CJ that’ll be around for a while. ---
**Author:** ![Marley23](https://avatars.discourse-cdn.com/v4/letter/m/45deac/32.png) [@Marley23](https://boards.straightdope.com/u/Marley23)\ **Post date:** [September 6, 2005, 5:50am UTC](https://boards.straightdope.com/t/why-is-scalia-not-the-lock-down-go-to-guy-by-bush-for-chief-justice/320190/30 "2005-09-06T05:50:35Z")
> [@SaintCad](#): > > How old is Scalia? How old is Roberts? Bush wants a CJ that’ll be around for a while. 69 and 50, respectively. ---
**Author:** ![Northern\_Piper](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/northern_piper/32/5304_2.png) [@Northern\_Piper](https://boards.straightdope.com/u/Northern_Piper)\ **Post date:** [September 6, 2005, 11:38am UTC](https://boards.straightdope.com/t/why-is-scalia-not-the-lock-down-go-to-guy-by-bush-for-chief-justice/320190/31 "2005-09-06T11:38:01Z")
> [@Marley23](#): > > I’m sorry if somebody already said this, but it seems to me that since Roberts is no longer O’Connor’s replacement - now he’s Rehnquist’s - O’Connor will stay on the bench a little longer. I don’t think she can - she’s sent her letter of resignation, creating the vacancy that President Bush used to nominate Roberts originally. The death of Chief Justice Rehnquist has created a second vacancy. ---
**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 6, 2005, 12:07pm UTC](https://boards.straightdope.com/t/why-is-scalia-not-the-lock-down-go-to-guy-by-bush-for-chief-justice/320190/32 "2005-09-06T12:07:08Z")
If I was Scalia, I’d be a bit miffed. Or any of the AJs for that matter. Having the new kid on the block come in and be boss just seems odd. ---
**Author:** ![Jonathan\_Chance](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/jonathan_chance/32/701_2.png) [@Jonathan\_Chance](https://boards.straightdope.com/u/Jonathan_Chance)\ **Post date:** [September 6, 2005, 12:15pm UTC](https://boards.straightdope.com/t/why-is-scalia-not-the-lock-down-go-to-guy-by-bush-for-chief-justice/320190/33 "2005-09-06T12:15:34Z")
> [@Northern Piper](#): > > I don’t think she can - she’s sent her letter of resignation, creating the vacancy that President Bush used to nominate Roberts originally. The death of Chief Justice Rehnquist has created a second vacancy. No, here letter of resignation is effective (by her specifications) when her replacement is confirmed by the Senate. So she’s never been out. Technically she has no replacement named. ---
**Author:** ![DoctorJ](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/doctorj/32/2904_2.png) [@DoctorJ](https://boards.straightdope.com/u/DoctorJ)\ **Post date:** [September 6, 2005, 1:17pm UTC](https://boards.straightdope.com/t/why-is-scalia-not-the-lock-down-go-to-guy-by-bush-for-chief-justice/320190/34 "2005-09-06T13:17:26Z")
It’s possible, though IMO not very likely, that Scalia just doesn’t want the job. There were rumblings a few years ago that he didn’t want to stay on the SCOTUS forever, and that he wanted to make some money in the private sector while he still had some good working years left. (My guess is that he could make an order of magnitude more money on the lecture circuit and in the private sector than he does while on the Court.) Don’t know how true it ever was, or still is, but I’ve heard it more than once. ---
**Author:** ![Icarus](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/icarus/32/72_2.png) [@Icarus](https://boards.straightdope.com/u/Icarus)\ **Post date:** [September 6, 2005, 11:50pm UTC](https://boards.straightdope.com/t/why-is-scalia-not-the-lock-down-go-to-guy-by-bush-for-chief-justice/320190/35 "2005-09-06T23:50:24Z")
> [@Marley23](#): > > 69 and 50, respectively. Definitely an important factor. After all, Thomas was only 43 when he was seated. Politically, appoint them as young as possible. IMHO, this also speaks to Pres. Bush querying Roberts about his exercise habits. It suggests the potential for longevity. ---
**Author:** ![brickbacon](https://avatars.discourse-cdn.com/v4/letter/b/898d66/32.png) [@brickbacon](https://boards.straightdope.com/u/brickbacon)\ **Post date:** [September 7, 2005, 1:20am UTC](https://boards.straightdope.com/t/why-is-scalia-not-the-lock-down-go-to-guy-by-bush-for-chief-justice/320190/36 "2005-09-07T01:20:54Z")
> [@astorian](#): > > As a Supreme Court justice, Marshall spent most of his time sitting around in a bathrobe or pajamas, watching soap operas. He rarely even pretended to care about the cases he was supposed to be ruling on. “Find out how BRennan is voting” was his standard command to his clerks. > > No, I’d say “lazy boor” is about right. Cite? I’ll like to know what are you basing this on. ---
**Author:** ![astro](https://avatars.discourse-cdn.com/v4/letter/a/9dc877/32.png) [@astro](https://boards.straightdope.com/u/astro)\ **Post date:** [September 7, 2005, 1:51am UTC](https://boards.straightdope.com/t/why-is-scalia-not-the-lock-down-go-to-guy-by-bush-for-chief-justice/320190/37 "2005-09-07T01:51:03Z")
It’s apparently from “The Bretheren” book [Article - The Many Masks of Thurgood Marshall Behind the Justice’s Curmudgeonly Persona A Special Kind of Torment By Juan Williams The Washington Post January 31, 1993](http://www.thurgoodmarshall.com/speeches/masks_article.htm) > [@](#): > > The mask protected him when Bob Woodward and Scott Armstrong’s book about the Supreme Court, “The Brethren,” portrayed him as a lazy man who spent much time watching TV and who left his court work to a series of firstrate law clerks. This indictment hurt him deeply. Sitting in his chambers with his wife and a reporter, he lashed out at the idea that he was just shuffling papers. His wife, Cissy, said Marshall used the television as background noise while “his mind is working on some legal case.” Marshall threw her a sidelong glance and said, “You shouldn’t tell that,” as if it were beneath him to begin responding to all the assaults. ---
**Author:** ![Elendil\_s\_Heir](https://avatars.discourse-cdn.com/v4/letter/e/7cd45c/32.png) [@Elendil\_s\_Heir](https://boards.straightdope.com/u/Elendil_s_Heir)\ **Post date:** [September 7, 2005, 2:13pm UTC](https://boards.straightdope.com/t/why-is-scalia-not-the-lock-down-go-to-guy-by-bush-for-chief-justice/320190/38 "2005-09-07T14:13:58Z")
Thurgood Marshall’s best days and greatest accomplishments were clearly before he was named to the Supreme Court. His work ethic while an associate justice left a lot to be desired, from what I’ve read in the \*The Brethren \* and elsewhere. Plus, he kept wearing white socks with dark suits and judicial robes. What was up with that? 😉 ---
**Author:** ![ouryL](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/ouryl/32/6067_2.png) [@ouryL](https://boards.straightdope.com/u/ouryL)\ **Post date:** [September 8, 2005, 12:03am UTC](https://boards.straightdope.com/t/why-is-scalia-not-the-lock-down-go-to-guy-by-bush-for-chief-justice/320190/39 "2005-09-08T00:03:25Z")
's Catholics 😛 [Previous page](https://boards.straightdope.com/t/why-is-scalia-not-the-lock-down-go-to-guy-by-bush-for-chief-justice/320190.md?page=1)