The American media are full of tributes to the late Chief Justice William Rehnquist, who was buried yesterday at the Arlington National Cemetery and whose death came at a particularly inopportune time for president George Bush.
Bush already had a prospective Supreme Court justice, John Roberts, awaiting confirmation by the Senate to replace retiring justice Sandra Day O’Connor. Now he has switched him to the position of Rehnquist’s replacement, so that if (as expected) he is confirmed, Roberts will take over as Chief Justice. But although Roberts is very much a conservative, having him replace the equally conservative Rehnquist offers Bush no ideological gain. The key thing is the replacement for the more moderate O’Connor, who has often been the swing vote on the court.
Rehnquist’s death has confronted Bush with just what he didn’t want, two vacancies at the same time. Appointing two conservatives would be much easier if he could have done it one at a time; now, with his political stocks seriously weakened by Hurricane Katrina, the pressure to pair Roberts with a less conservative nominee will be very strong.
Speculation has centred on Bush’s attorney general and old friend Alberto Gonzales, who would be the first Hispanic justice. Gonzales would be acceptable to most Democrats because he is regarded as a moderate; indeed, conservative groups are already seething at the prospect. But in the circumstances, Bush might well feel that one conservative and one long-time pal is about the best he can achieve.
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