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.
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