Those of us who have lost parents can appreciate what Chief Justice Rehnquist's family is going through. My thought's and prayers go out to them during this time of mourning. His death is also loss for the nation. Since 1969 from the US Attorney General's office, to the supreme court beginning in 1972, the Chief Justice's family shared him with the nation. For this, I am grateful. He was a champion of judicial restraint in a time of increasing activism in his own, and lower courts. His candidness and direct approach on the Supreme Court's rulings will be missed by the country.
His loss creates not just a second vacancy on the court, but actually, also a third. President Bush now has to fill two Associate Justice positions, and the vacancy left by Chief Justice Rehnquist. While he could nominate someone from outside the court directly as Chief Justice, filling two positions at once, I believe he should, and will nominate from within. While this will present the nation with months of speculation, nominations and, finally, three confirmation hearings, I believe it is the right approach.
The best way to honor Chief Justice Rehnquist's judicial legacy is to fill his vacancy with someone who shares his view of the constitution and the court's role. To do this, President Bush need look no further than Associate Justices Thomas and Scalia. This nomination should occur first, and quickly, as the president suggested in his press conference this morning. It would be neither imprudent nor inappropriate for the Senate to conduct confirmation hearings for a new Chief Justice nominated from within before conducting the confirmation hearings for John Roberts or a second Associate Justice.
I am in the middle of reading Mark R. Levin's book, "Men in Black." If you haven't read it yet, you should. If you haven't heard of it, find out here. I can't say I agree with every one of his interpretations on the Supreme Court's rulings, but his basic premise is hard to dispute - judicial activism is leading the Supreme Court away from the role intended by the founders. Throughout the book, Justice Rehnquist's opinions are referenced as examples of a judicial originailism and restraint. He was a voice or reason and will be missed by a grateful nation.
As much as I would have loved to see Scalia elevated to CJ, I suppose I can't really argue with Bush giving the nod to Roberts. It will hopefully provide a much more timely confirmation process.
ReplyDeleteRegardless the nation has lost a pillar of the judicial community, and every single American is indebted to him for his exemplary service to the bench.