CHIEF JUSTICE ROBERTS

A reader asks why President Bush would nominate John Roberts to be Chief Justice. While there are a number of possible reasons, I think it boils down to two simple facts.

First, Judge Roberts has already been substantially examined by all the political interest groups, the media, and congressional Democrats. On the verge of his confirmation hearings, originally scheduled to begin yesterday, no one had found anything about Roberts that would make his nomination fit within the category of 'extraordinary circumstances' that would trigger the acceptance of a filibuster by the Democratic members of the Senate's 'Gang of Fourteen'. His confirmation as an Associate Justice seemed certain. Therefore, there are no obstacles to prevent his confirmation as Chief Justice, and no political firestorm (as there might be with the elevation of Scalia or Thomas).

Second, the next term of the court begins in just a few weeks. Justice O'Connor has promised to remain on the court until her successor is confirmed. This means the President has time to go through the vetting process on his nominee to replace her. If he hasn't made a choice by the time the new session begins, or his choice hasn't yet been confirmed by the Senate, the court can still begin the term with a full complement of justices with Roberts as the Chief.

Expect Roberts to be confirmed as Chief Justice and O'Connor's replacement to be seated sometime during the term (certainly before the end of the calendar year). As for who that person might be, your guess is as good as mine.