By Staff Report
The death of U.S. Supreme Court Chief Justice William H. Rhenquist on Sept. 3 leaves two seats vacant on the nation’s highest court for the first time in 30 years. Rhenquist’s death comes just two months after Sandra Day-O’Connor vacated an associate justice seat when she announced her retirement July 1.
In what some call “the easiest thing for him to do,” Bush quickly nominated U.S. Court of Appeals Judge John Roberts as Rhenquist’s successor on Sept. 5. Roberts was already Bush’s choice to fill O’Connor’s former seat.
But now the nation waits; Bush has yet to make a second nomination to fill the associate justice seat.
The vacant seats on the court have law makers and scholars around the nation wondering about the future of the court and the country.
“Choosing Roberts as the nominee for chief justice was the easiest thing for the president to do,” said University of Iowa political-science Professor Peverill Squire, saying that Roberts is not a controversial figure and therefore is the “safe” option from Bush’s perspective.
Depending on the second nominee Bush puts before the Senate, however, it could be quite a while before the two new justices take their seats on the bench.A nominee considered too conservative by democrats could face extremely strenuous confirmation hearings. A moderate nominee may have an easier road to the Court.
Duke University law professor Erwin Chemerinsky, who has argued several cases in front of the Supreme Court, said the dynamics of Robert’s confirmation process will be complicated because of the looming nomination for O’Connor’s position.
“The nomination of Roberts puts all the pressure on the next nomination,” Chemerinksy told U-Wire. “And so, the Democrats may demand they know the choice before they vote [on Roberts].”
Many democratic leaders are insistent that Bush chose a moderate nominee to replace O’Connor, who was known for her swing votes in several landmark decisions.
“I think the pressure is on [Bush] to select someone other than a white male,” Chemerinsky added.
“Perhaps a racial minority, especially a Latino. Not just a woman [to replace O’Connor].”
Still, republicans hope that bush will nominate another conservative like Roberts.
Two such justices could potentially change the Court’s views in several key issues.
The Court ruled five votes to four in favor of abortion rights, for instance, in the case Roe v. Wade.
But with two votes currently in question, the landmark verdict stands to be overturned if Bush’s nominees oppose it.
In the end, Covington believes that Roberts will be confirmed, “absent a blockbuster event that we don’t know about yet.”
“These justices are going to be on the court long after President Bush dies,” Chemerinsky said. “There’s nothing with more long-term consequences than this decision.”
â?”Managing Editor Chris Brown contributed to this story.
