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Making the 'right' choice

President Bush nominated John Roberts as the next chief justice of the Supreme Court

Bill Stewart

Issue date: 9/15/05 Section: Opinion
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Politics should stop at the water's edge when it comes to the United States Supreme Court. Politics shouldn't even be an issue.

With the death of Chief Justice William H. Rehnquist, a second seat on the Supreme Court opened.

On Sept. 5, President George W. Bush nominated John Roberts to be the next chief justice. Until a new chief justice is voted on by Congress, Associate Justice John Paul Stevens will preside over the high court. Stevens is considered the most liberal voice on the bench.

Stevens, who is the ranking associate justice, should've been nominated as the next chief justice.

However, with a Republican White House and Republican-controlled Congress, the likelihood of his promotion was minimal.

With just over 29 years on the Supreme Court, Stevens has the necessary experience to serve as chief justice.

Tenure should play a significant role in the deciding of a chief justice, not partisan politics.

Bush has instead opted to select Roberts, a conservative federal judge who clerked for the late Rehnquist.

"If confirmed to this lifetime job, John Roberts would become the leader of the third branch of the federal government and the most prominent judge in the nation. The Senate must be vigilant in considering this nomination," said Senate Minority Leader Harry Reid to the Washington Post.

Instead of using the bully pulpit to sway the Supreme Court further to the right, the president should nominate a justice who will assure the voice of minorities will be heard by nominating a female or minority.

The Supreme Court's new year will begin on Oct. 3.

Bush has demanded Congress to hastily advise and consent to his nomination and allow him to fill the highest level of judgeship without consideration.

The president has done his part by making the nomination; he should now allow Congress to do their sworn duty by diligently overseeing the nominee.

A nominee must be confirmed before Oct. 3 to oversee the Supreme Court. If not, a black sheet will be draped over the empty seat in respect for the late justice and will remain until the seat is filled.
Without a chief justice, a 4-4 decision could be rendered.

Politics should be put on the back burner and a fair and open-minded nominee should be appointed as the next chief justice.
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