Poor Justice Breyer can’t get a break. His eleven years of having to answer the door, which seemed to be coming to an end, will instead continue even after Roberts is confirmed to the Court. As How Appealing notes, Breyer will continue to be the most junior justice after Roberts becomes Chief, because the Chief Justice is, by definition, the most senior member of the Court. Breyer will have to wait until O’Connor’s replacement gets confirmed – whoever she turns out to be.
(Heh. I said she.)
There’s been way too much news this past week. Between Katrina and Rehnquist/Roberts, I can’t read the newspapers and blogs fast enough. And I’m pissed that The Note has been on vacation for two and a half weeks. Mark Halperin and his staff will have a lot of catching up to do when they return tomorrow.
It’s not totally suprising that Bush has moved Roberts’s nomination to the Chief Justice position. He’s practically in love with Roberts, and he wasn’t going to name someone who wasn’t a white male as Chief Justice, but he wasn’t going to nominate a white male for the second vacancy. So O’Connor’s replacement will probably be someone non-white or female or both.
On the other hand, Bush has never acted in line with political predictions.
Interesting fact: since Roberts is only 55 only 50 years old, he could wind up having one of the longest Chief Justiceships in American history, second only to that of John Marshall. [Update: or even the longest!]
The switch of Roberts to the Chief Justice’s seat changes the dynamics of Bush’s two appointments. As SCOTUSblog writes, “The nomination of a doctrinaire conservative to replace the Chief Justice could have been explained as ideologically neutral for the Court, as the new nominee would not move that seat to the right. Moving Judge Roberts to the seat of Chief Justice, by contrast, opens up again the debate over what Democrats will describe as the ‘O’Connor’ seat — that of a moderate conservative.”
There’s going to be pressure (again) to replace O’Connor with a moderate. But hasn’t that ship sailed? What if Roberts actually turns out to be the moderate of the two appointments? Ugh. It’s still possible.
At any rate, here’s hoping that Chief Justice Roberts will be presiding over Bush’s impeachment trial soon.