Redstate

that this is a surprise. Maybe POTUS is gearing up to nominate a woman for CJ and try to strengthen the front for 2006 or 2008 (the more likely choice I think).

Obviously, the woman won't be Clement, but a conservative woman as the CJ would be what seems to be the next move if that comes about for the President.

Congrats to Roberts (an excellent pick Mr. President) and congrats to Erick - rest those fingers tomorrow maybe get a manicure.....

I have renewed faith in the system. I knew in my heart that W would come through

Powder Blue Report

Why is this a "real surpise"?

On this guy?

What's he like?

http://www.sctnomination.com/blog/archives/2005/06/potential_nomin_2.html

Here's the page I read that led me to call him one of my three favorites.

Basically what POTUS did is transfer the Rehnquist replacement over to the O'Connor seat.

A couple of weeks ago, I wrote a diary speculating that the "white guy" pick for Chief would either be Roberts or Cornyn.

Bush did exactly that --- he appointed Roberts --- but to Associate Justice instead of Chief.

This means that the female or minority pick that was supposed to fill O'Connor's seat is being held off until Rehnquist retires.

So the same arguments we were making before about Clement, Jones, Owen, Rogers-Brown, Garza, and Gonzales will just be rehashed again when the Chief's spot opens up.

....getting in front of the AP and Drudge. It is great to read what you guys think and I appreciate getting to remark occasionally myself. This was as fun for us as it was and should be for you. I do still hope for a Clarence Thomas "CJ" party to attend! Tell me I am not just dreaming??!?!

IT IS NEVER CROWDED ALONG THE EXTRA MILE

when rehnquist leaves.

last night in the clement speculation to trust W.  Trust W.  He's with us, folks.

Thanks for the link. It helped refresh my memory. I must admit I was rooting for Janice Brown though.

pretty schitzophrenic today-in the end I think this is a good choice, and a good pick.

I can't help but think he is going for Owens or Jones for a Renquist replacement.

an easy confirmation.

Unless your definition of "easy" is that Ted Kennedy has to jump up and give him a hug.  Heh.

If I had bourbon, I'd drink just for that sake.

And shows he is ready to fight for those who support him.

This was kept so private so well, and has confounded the Rinos and lefty hacks.

the war is on, and my bet is on the President.

IIRC, Rehnquist visited the White House after O'Connor announced she was stepping down (or right before). Was this to push for Roberts, or for the President to ask about Roberts? or both?

It also gets JRB six more months on the Federal bench and perhaps Estrada to the Roberts seat.

While Roberts seems to be very well qualified, because of his short duration on the bench his judicial philosophy is still somewhat of a question mark. What we do know about his legal opinions suggests that he has an independent streak which might be good, or maybe not so good, depending on the issue.

If Bush was to pick a white male, it would have been preferable to pick Luttig because Luttig is a known commodity. Its too early to tell on Roberts...

Pressed during his 2003 confirmation hearing for his own views on the matter, Roberts said: "Roe v. Wade is the settled law of the land. ... There's nothing in my personal views that would prevent me from fully and faithfully applying that precedent.''

From the AP

you have to respect SC precedent as an appeals judge.

know anything about Roberts' religious beliefs?

up on another thread earlier today.

Roberts joining the court plays into the Rehnquist retirement rumors quite well.

Once Roberts is confirmed, look for Rehnquist to step down.  Pure speculation, but it makes perfect sense.

There's always the Chief Justice slot...

Rehnquist is ignoring the writing on the wall.  

Rehnquist is trying to ignore the writing on the wall.

I never thought Bush would have actually nominated someone who wasn't a secure constitution-in-exile vote, but there it is.  I honestly don't care as much about the abortion opinions of Justices.  Overturning Roe will cause very little practical change (except in UT, ID) because it won't outlaw abortion and Roe probably was wrongly decided.  If it is overtured, R's could actually suffer in the voting booth since, while most Americans want restirctions, the vast majority does not want abortion outlawed.  More importantly, I want the EPA and FDA to remain accepted in jurisprudence.  Roberts would not go nearly as far (from what I've seen) as a Garza, JOnes, or Alito would on these issues.  Well done, an acutal mainsteam conservative.

And Bush will pick a woman to replace Rehnquist.

Here's what the special interests said about Roberts:

As a Deputy Solicitor General, Mr. Roberts co-wrote a Supreme Court brief in Rust v. Sullivan,1 for the first Bush administration, which argued that the government could prohibit doctors in federally-funded family planning programs from discussing abortions with their patients. The brief not only argued that the regulations were constitutional, notwithstanding the Supreme Court's decision in Roe v. Wade, but it also made the broader argument that Roe v. Wade was wrongly decided - an argument unnecessary to defend the regulation. The Supreme Court sided with the government on the narrower grounds that the regulation was constitutional.

Italics added

Rehnquist will go out feet first.

He likes his job.

Yes, I concur.

JRB is too controversial for Chief.  Clement will divide conservatives.

Jones and Owen make the most sense.

Jones' advantage is that she's a committed originalist.  Owen's advantage is that she's younger and has a paper trail that's not quite as long.  But Owen may not be as much of an originalist, and some feel she could be a conservative version of a judicial activist.

And since Bush apparently has to personally know and trust his appointees, these two are the only females prepped for the job that fit the profile.

It will probably be one of them.

Unless Dubya pulls a Hispanic woman off of some state court somewhere in the country :)

would be a good choice, and I don't think she would divide the right too much.  A good case can be made that she is a stealth Souter of the right.

and as such his job was to argue the cause his client wished to have him argue. The Bush 41 administration wanted to take the stronger position, and he did so.

When he served as a judge of the Circuit Court, his responsibility was to follow the rulings as set down by the U.S. Supreme Court.

On the Supreme Court, he has the opportunity to vote to change them. "Roe is settled law" is true enough, but only the members of the Supreme Court get an opportunity to change that.

As I understand it, given what I've read here and elsewhere (combined with what the First Lady was reported as having said recently), was that 'conventional wisdom' was that Sandra Day O'Connor, being the first woman on the Court, would be likely to be replaced with another woman.  Or if not a woman, then some other minority first, such as first Hispanic-- which also contributed to talk about Gonzalez, etc., etc., etc.

Thankfully, Bush pays about as much mind to 'conventional wisdom' as he should, which is nearly none.

when Rehnquist leaves.  Woman/hispanic to take Roberts' seat.

Two hearings at once will help the 2nd pick.

See Rehnquist/Scalia.

I'm an NYguy and I agree with NYgirl... Janice Rogers Brown rocks my boat.

But i am actually quite content with her not getting the seat vacated by Sandra O'Connor. Leaves her open to get the CJ job :). I think it will be another inspired pick from Bush.

Just think of the legacy. First female CJ. First Black female on the court. First Hispanic SCt judge (assuming he gets one more pick and nominates Garza... NOT Gonzalez)... The identity politics crowd will go nuts !

And who can say with a straight face that they are also not intellectual heavyweights?

But just scroll down to this morning's threads if you wanna see conservative circular firing squads in action.

Besides, she can replace Stevens or Ginsberg.

But not Rehnquist.

For Rehnquist, we need a legal giant.

And a woman.

Jones is a first-rate intellect.  Owen is smart, may have some issues with letting personal views influence decisions though.  JRB is probably too divisive.  There may be a stealth pick out there.  We'll see.

My prediction on the Chief.

He takes the bench for the fall session, his health continues to deteriorate to the point that he either dies in office or retires after the fall term.  Or he fools everyone and lives to be 100 years old still sitting on the bench, which would be great!

Once Rehnquist goes, Scallia to the Big Chair,  Edith Brown Clement to Scallia's seat. W. had better listen to Laura and appoint a woman...sooner or later...or he's on the couch for a long time....LOL

I didn't want my first post on Redstate to be an apology.  However, I owe one to President Bush.  I spent the afternoon trashing 43 for punking out on this nomination.  I heard that he was "running names" past Robert Byrd, trying to get a "safe" nominee.  And, I bought into the Clement rumors as fact.  The President has restored my faith in him; he had not given me a reason to have shaken it.  I was hoping for Edith Jones, but John Roberts is an excellent pick.  I think we will see some histrionics in the Senate from the Democrats, but I don't think they will filibuster the nomination.  They will save that (IMHO) for a Stevens or Ginsburg departure (please, God!).

Bill Manning

Just before the announcement now (8:56pm EDT) Tradesoports has Roberts bid/ask at 99.3/99.4.

I'd think this is a smart move by Rehnquist. It gives the WH and the Senate the opportunity to just focus on one appointment at a time... and this got us a conservative nominee in place of a moderate.

When Roberts is confirmed, Rehnquist can retire in peace, knowing that a clone is in place on the bench.

"New Democratic line: 'The President consulted with us, but clearly ignored our advice' or a variation thereof"

Goes to show that the Democrats really desired for Bush to pick who they suggested, not that he "consult" with them.

Bush did consult with them, that got out to the press, but in the end he didn't fall for their sucker's play. Good job Mr. President, I never had a doubt!

He is a devout and practicing Catholic!!! WOOHOO!!!

but in the end he decided to go for the good pick-it is hard to argue that Roberts isn't qualified or a very strong legal thinker.

Bush decided for his first pick he wanted quality, and not neccessarily political correctness.

I think it was a good move on his part.

I suspect retirement announcement, when he clears the judiciary committee.

I just don't see the dems mounting a fillibuster on Roberts-they would be complete idiots to try it I think.

I told you this already, Erick... but I want to post it here as well. Congratulations on being the one to break this news in the Blogosphere - before Drudge - and before any other bloggers that I know of. You've done this before, I see; it is impressive that you're this well-connected. This is an inspirational thing to see, from the perspective of being a CR, and seeing what other CRs can accomplish, after graduating.

Thanks, and keep up the great work!!

I just don't think the lefty base will let them vote without attempting a filibuster.  And no, I don't think it will succeed in the end, and yes, I think it will be foolish, but IMHO, they are foolish.