Chief Justice Rehnquist Died

Chief Justice William Rehnquist died late Saturday at the age of 80 after his year long struggle with thyroid cancer. Something this big deserved same day treatment on my blog, but the long weekend pushed this post off until now. Add that to my tendency not to post on weekends anyway.

After 33 years on the court, with 19 at the Chief Justice, it will be strange to see a Supreme Court without Justice Rehnquist. Especially for my generation. I'm sure it's not so odd for those political science majors who can name off the five longest tenured judges in Court history. However, combined with Sandra Day O'Connor's resignation in July, Bush is in an interesting situation. On paper, two of nine positions for the highest court remain empty. In reality, though, since O'Connor's resignation is based on a replacement being appointed, Bush only needs to fill one quickly. Further, the two new justices will direct the stance of the Court for many years to come, so Bush wants to choose the right candidates (pun intended). Whereas the the nomination of John Roberts has had limited scrutiny, the second selection will certainly undergo more stringent questioning.

Articles I read about Rehnquist's death make me wonder about a few things. Why would Bush nominate a new judge to the role of Chief Justice? Judges already on the Supreme Court have paid their dues and deserve a promotion. Shouldn't Scalia or Thomas be expected to become Chief? Or are some people just better suited to be associates? Suppose Roberts was installed as Chief Justice of the Court. At his age, he could have a very long reign in that position of power. I suppose that would lock in Bush's agenda for many years to come. No matter who Bush chooses, it will be a fight with Congress to confirm the appointment.