Print

Email story

Comment

Email editor

Roberts is chief; Now who's next?

Democrats promise a fight if President Bush's choice for Sandra Day O'Connor's replacement is too conservative.

By BILL ADAIR
Published September 30, 2005

WASHINGTON - John G. Roberts Jr. won easy confirmation by the Senate on Thursday and was sworn in as the nation's 17th chief justice.

After he was sworn in at the White House, Roberts said the 78-22 vote, which included support from 22 Democrats and one independent, was "confirmation of what is for me a bedrock principle, that judging is different from politics."

But the partisan battles are likely to return in the next week when President Bush nominates someone to replace retiring Justice Sandra Day O'Connor. Democrats, including many who supported Roberts, say they are ready to fight if the nominee is too conservative.

Democrats urged Bush to choose someone who could win broad support.

"The Supreme Court belongs to all Americans, not to any faction," said Sen. Patrick Leahy, a Vermont Democrat who supported Roberts. "For the sake of the nation, I urge the president to live up to his original promise to be a uniter and not a divider."

Democrats said Bush should find a like-minded replacement for O'Connor. They noted that conservative Chief Justice William Rehnquist was replaced by the conservative Roberts and said O'Connor, a moderate, should also be succeeded by someone with similar beliefs.

"There will certainly be more concern and scrutiny for Sandra Day O'Connor's seat," said Sen. Chuck Schumer, D-N.Y.

He called on Bush to choose a nominee who is "in the mainstream" and is not a conservative activist.

Democrats groused that the White House has not been sincere with its promise to consult senators. They said White House counsel Harriet Miers has called them in the past week, but the calls were brief and she would not reveal possible candidates. Schumer said his call was "perfunctory."

Bush has hinted he will choose a woman or a minority, but many people had the same expectation before he chose Roberts, a white man.

Bush has said he likes judges "who don't legislate from the bench" and has praised Antonin Scalia and Clarence Thomas, the two most conservative justices on the court.

Washington has been abuzz with speculation about possible nominees to replace O'Connor. The rumored names include:

--Priscilla Owen, a federal appeals judge from Texas. She has conservative credentials, but it's likely Democrats would try to block her nomination, as they did when she was named to her current job.

--Miers, the White House aide heading the search. That rumor is boosted by this precedent: Bush put Dick Cheney in charge of finding a running mate in 2000, but ultimately chose Cheney for the job.

--Maureen Mahoney, a Washington lawyer. Like Roberts, she clerked for Rehnquist and worked in the solicitor general's office in the first Bush administration. Legal historian David Garrow calls her "the female John Roberts" but says her chances may be hurt because Bush may not want someone so similar to the new chief justice.

--Attorney General Alberto Gonzales. Some religious conservatives have questioned whether he would take a firm stand against abortion, but he is likely to win support from some Democrats. Bush has even joked about Gonzales being the favorite.

--Larry Thompson, a former deputy attorney general who is now an attorney with Pepsico.

Other possibilities include Michigan Supreme Court Justice Maura Corrigan and federal judges Alice Batchelder, Janice Rogers Brown, Edith Brown Clement, Consuelo Callahan and Edith Jones. It's also possible that Bush could choose someone relatively unknown without a judicial record that Democrats could attack.

Garrow said Bush has been weakened politically since Hurricane Katrina and may opt for a moderate such as Gonzales. That might avoid a Democratic filibuster and the possible Republican response, a procedural maneuver called the "nuclear option."

"I just can't imagine a scenario in which the White House seriously risks a defeat," Garrow said.

But others say Bush wants a solid conservative on the court and will pick someone such as Owen.

The Senate's two-month scrutiny of Roberts was remarkably civil. Democrats did not take a stand against him until the hearings concluded and relations between the parties did not turn bitter.

On Thursday, Republicans praised the bipartisan vote for Roberts and said they hope it will be repeated for the new nominee.

"It is my hope that partisanship will stop at the columns of the Senate," said Sen. Arlen Specter, R-Penn., chairman of the Judiciary Committee.

Sen. John Cornyn, R-Texas, said after the vote that "I hope we have restored the best traditions of the Senate."

Florida Sens. Mel Martinez and Bill Nelson both voted to confirm Roberts.

Martinez, a Republican, said Roberts had "a quiet humility" and "a respect for the limitation of precedent."

Nelson, a Democrat, said he had qualms about Roberts that were put to rest after meeting with him.

"He assured me that any personal beliefs he has, be they based on religion or other issues, personal beliefs that all of us carry, would not factor into any of his decisions," Nelson said.

At a packed ceremony in the East Room of the White House, Roberts was sworn in by Justice John Paul Stevens, the most senior member of the court.

Bush said, "The Senate has confirmed a man with an astute mind and kind heart. All Americans can be confident that the 17th chief justice of the United States will be prudent in exercising judicial power, firm in defending judicial independence and above all a faithful guardian of the Constitution."

--Information from the Associated Press was included in this report Washington Bureau Chief Bill Adair can be reached at 202 463-0575 or adair@sptimes.com

[Last modified September 30, 2005, 01:37:04]