I suppose it's blasphemy, but I think Priscilla Owen would have been a good justice, and we wouldn't know what we missed. Without the filibuster, we might have had a different Chief Justice. Afterall, I think GWB really liked how well the Roberts meetings were going, but if he only needed 51 votes, he might have let Roberts go ahead as the Associate and picked a different Chief. I'd really like your opinion.
I think that Bush had Roberts in mind all along to replace Rehnquist. But when O'Connor announced her retirement first, he decided to move Roberts into that slot.
I can't speak for Ed but in my opinion, John Roberts became Chief Justice because William Rehnquist died when he did.
Rehnquist looked remarkably unhealthy at George W. Bush's 2005 inaugural but was fighting all suggestions that he retire. While I fully accept Sandra Day O'Connor's explanation that she was retiring because of her husband's health, in a way it may have also been a way for her to gently push her old friend toward retirement.
In any event, Roberts was nominated for the O'Connor seat. It was during the confirmation process, before a final vote, that Rehnquist died on September 3, 2005.
The Supreme Court historically starts its turn on the first Monday in October, which was exactly a month away on October 3.
The Bush White House may have concluded that having a Chief in place at the start of a term was critically important -- thus the switch for Roberts. Had Rehnquist died two or three months later, I can't imagine Bush elevating a relatively recent appointee only months into his service as Chief Justice.
Because of Rehnquist's death, O'Connor agreed to stay on until her successor was confirmed. That fall, I witnessed oral arguments where Roberts presided as Chief Justice, sitting next to the person he was nominated to replace (I also heard Thomas ask a question, which was also very rare at the time).
I agree with you that if Rehnquist had died after Roberts had been confirmed to O'Connor's spot, it's unlikely that the Bush White House would have tried to elevate Roberts to chief. That said, I think that Bush had Roberts in mind as chief all along, so the switch was easy when Rehnquist died just before Roberts's hearing was to begin.
One of my favorite speculations is what if LBJ had nominated Byron White for CJ rather than Abe Fortas when Warren announced his retirement? No Burger, possibly no Blackmun. It would've been a very different Court going into the 1970s. Maybe no Roe?
I suppose it's blasphemy, but I think Priscilla Owen would have been a good justice, and we wouldn't know what we missed. Without the filibuster, we might have had a different Chief Justice. Afterall, I think GWB really liked how well the Roberts meetings were going, but if he only needed 51 votes, he might have let Roberts go ahead as the Associate and picked a different Chief. I'd really like your opinion.
I think that Bush had Roberts in mind all along to replace Rehnquist. But when O'Connor announced her retirement first, he decided to move Roberts into that slot.
I can't speak for Ed but in my opinion, John Roberts became Chief Justice because William Rehnquist died when he did.
Rehnquist looked remarkably unhealthy at George W. Bush's 2005 inaugural but was fighting all suggestions that he retire. While I fully accept Sandra Day O'Connor's explanation that she was retiring because of her husband's health, in a way it may have also been a way for her to gently push her old friend toward retirement.
In any event, Roberts was nominated for the O'Connor seat. It was during the confirmation process, before a final vote, that Rehnquist died on September 3, 2005.
The Supreme Court historically starts its turn on the first Monday in October, which was exactly a month away on October 3.
The Bush White House may have concluded that having a Chief in place at the start of a term was critically important -- thus the switch for Roberts. Had Rehnquist died two or three months later, I can't imagine Bush elevating a relatively recent appointee only months into his service as Chief Justice.
Because of Rehnquist's death, O'Connor agreed to stay on until her successor was confirmed. That fall, I witnessed oral arguments where Roberts presided as Chief Justice, sitting next to the person he was nominated to replace (I also heard Thomas ask a question, which was also very rare at the time).
I agree with you that if Rehnquist had died after Roberts had been confirmed to O'Connor's spot, it's unlikely that the Bush White House would have tried to elevate Roberts to chief. That said, I think that Bush had Roberts in mind as chief all along, so the switch was easy when Rehnquist died just before Roberts's hearing was to begin.
One of my favorite speculations is what if LBJ had nominated Byron White for CJ rather than Abe Fortas when Warren announced his retirement? No Burger, possibly no Blackmun. It would've been a very different Court going into the 1970s. Maybe no Roe?