Chief Justice Rehnquist Dies; Bush Nominates Roberts as Chief
Feature Story by civilrights.org staff - 9/6/2005
Chief Justice William H. Rehnquist, 80, who had been suffering from thyroid cancer since last October, died September 3.President Bush moved quickly to elevate his nominee for associate justice, John Roberts, to lead the Court. He had nominated Roberts to succeed retiring justice Sandra Day O'Connor earlier this summer.
Roberts, who had been a clerk for Chief Justice Rehnquist and is currently an appellate judge, has been opposed by a number of groups concerned about his record on civil rights and women's rights.
Hearings on Roberts' confirmation, which had been scheduled to open today, were postponed by the Senate Judiciary Committee.
"We extend our deepest condolences to the family of William Rehnquist," said Wade Henderson, executive director of the Leadership Conference on Civil Rights. "Chief Justice Rehnquist in his 33-year career on the U.S. Supreme Court served with honor and distinction. Although we often disagreed with his opinions, he cared deeply for the independence of the judiciary in America's democracy."
Of Roberts' proposed elevation, Henderson said, "We need to ask ourselves whether John Roberts is the right person for this influential post. What we know of Roberts' record raises warning flags on a number of important issues, including disturbing efforts to reshape civil rights policies such as court-ordered desegregation of public schools, as well as voting rights and Title IX implementation."
The chief justice's powers and responsibilities exceed those of the eight associate justices. These powers include the power to assign the writing of the Court's opinion in each case where the chief is in the majority; the power to determine how many and which cases the Court hears; and the power to preside over the private meetings at which the justices decides how they will vote in a particular case.
President Ronald Reagan nominated Rehnquist in 1986 for elevation to chief justice to replace Warren E. Burger. He was confirmed by a vote of 65 to 33. Rehnquist had been confirmed as President Richard M. Nixon's nominee to the Court in 1971 by a 68-to-26 vote.
Civil rights groups said the nomination of Roberts as chief justice raises the stakes significantly, adding additional pressure on the Bush administration to release all records relating to documents that had been requested by senators. The administration is currently withholding documents from Roberts' stint as the political deputy to Solicitor General Kenneth Starr.
"Senators must be given the truth about Roberts' judicial philosophy before they vote on whether to confirm him to the highest judicial seat in the nation," said People For the American Way President Ralph G. Neas.
