September 7, 2005

CQ Press In Context - Roberts' Nomination Elevated to Chief Justice

Speakers: Kenneth Jost, CQ Press Supreme Court Editor
Scott Kuzner, CQ Press Interviewer

SK: Welcome back to CQ Press in Context. I'm Scott Kuzner and I'm here with CQ Press Supreme Court editor Kenneth Jost, to discuss the most recent developments and the future of the Supreme Court. Since our last In Context interview, Chief Justice William Rehnquist has passed away, and President Bush has promoted the nomination status of John Roberts to fill the vacancy left open by Chief Justice Rehnquist; the slot to replace Associate Justice Sandra Day O'Connor remains open. Ken, first off, what does President Bush's nomination of John Roberts to Chief Justice mean for the Supreme Court nomination process?

KJ: Well, it certainly raises the stakes for the Senate confirmation process. An immediate effect, it delayed the hearings for one week, they're now scheduled to start on Monday next. The conservative groups that had backed Roberts, back him all the more as Chief Justice. As Chief Justice he'll have some additional influence. The liberal groups who oppose the nomination worry that much more. As Chief Justice, John Roberts at the age of 50 could lead the Court for another 20 or even 30 years perhaps, and that raises the stakes for everyone concerned.

SK: Looking past the confirmation process, if John Roberts does become the next Chief Justice, what kind of influence would he have on the Court?

KJ: Well, the Chief Justice is famously described as first among equals. He has only one vote, but does have some special influence. He presides over the Justices' internal conferences and in that way shapes the agenda, helps decide what cases the Court will hear and helps decide how the arguments among the nine are structured before decisions are made. When he's in the majority he also assigns the majority opinion and that can be very important in assigning an opinion to a Justice who will hold the majority, if the majority is fragile, to a Justice who will write the opinion in the strongest possible way consistent with the Chief Justice's views.

SK: And the Court could experience another change when Sandra Day O'Connor's successor is confirmed. What's likely to be the status of her vacancy on the Court?

KJ: Well, in announcing her retirement Justice O'Connor said that she would step down after the nomination and confirmation of her successor. So at the moment she is scheduled to be in place on October 3 when the Court reconvenes. The President has said the list is wide open, but the list, of course, still includes those people who were also-rans in the, on the first vacancy. That includes at least two women, Edith Jones and Edith Clement from the Federal Appeals Court for Texas, and it included three other Federal Appeals Court judges. There will be pressure to appoint either a women or perhaps a minority candidate and that certainly could raise the possibility of Attorney General Alberto Gonzalez, if he were chosen he would be the first Hispanic to serve on the Court.

SK: Now with all this coming close to the opening of the next session of the Court which begins in a few weeks, what type of impact would this have on the Court itself?

KJ: Well the Court meets privately on September 26, and it's all but certain that there will be at least one vacancy at that time. That means that Justice Stevens will actually preside over the initial conference that helps select cases for the rest of the term. There are about 40 cases already on, granted for review. The Court begins hearing arguments Monday October 3, and in that first batch of cases there is at least one important one on, from Oregon on the assisted suicide law that that state has. The Court can proceed however with only eight or even only seven members, and so outwardly at least there may be less sign of change than is occurring internally.

SK: Well Ken thank you for your time it should be very interesting to see how this all plays out in the Court and in the Senate. And we thank you for visiting CQ Press in Context.