It is very rare for a sitting justice to be elevated to chief justice. I believe there have only been 3, of course 1 of those was Rehnquist.
Historically, it has been that, more often than not a new CJ is brought in from outside the court, for various reasons. Maybe the President didn't like any of the sitting justices (e.g. Andrew Jackson naming Roger Taney) or maybe he owed somebody big political favors (e.g. Ike Eisenhower naming Earl Warren), or maybe he just didn't think any of the sitting justices he wanted were likely to pass, or if they did pass they would take too much time and effort to do so (imo, the current situation).I concur with your other points, but I'm not sure how much more "open-minded" Roberts is likely to be. I think it will depend on the issue and his own idiosyncracies. One of my profs who was classmates with him reported that he turned "scarily conservative" after finishing up his clerkship with Rehnquist, however. Either way, who knows?
What are everyone's thoughts of President Bush's recent statement nominating Roberts not only as a new justice but as the Chief Justice?Sure Roberts clerked for Renquist but what about the other justices?I think that the court would be exciting with Scalia or Thomas as Chief Justice.
Quote from: squarre on September 07, 2005, 03:24:30 PMIt is very rare for a sitting justice to be elevated to chief justice. I believe there have only been 3, of course 1 of those was Rehnquist.I didn't know that. I've always thought that the Chief Justice was nominated from one of the current justices. Next week's hearings should be interesting.I guess Roberts for Rehnquist is a wash. I've heard that Roberts is more "open minded" than Rehnquist. The big question is who will Bush nominate to replace O'Connor.Not only would the Senate be burdened with additional confirmation hearings, but there is a school of thought that believes that elevating a sitting justice hurts the comradory of the court...You have to remember that a lot of the current justices have served together for decades, and we've all seen the problems that can arise at our own jobs when someone is suddenly elevated to a management position and is in charge of supervising people who used to be their peers...Either way, Chief Justice isn't so much a position of power as it is an administrative job...The Chief justice has no more say than the other justices do in deciding which cases to hear and which way the court will ruleOn a positive not for Roberts, I read that he may allow comeras during SC hearings....I would certainly support this change