Supreme Court Vacancies Offer 'Historic Opportunity' for Bush
by Bill Fancher and Jody Brown
September 6, 2005
(AgapePress) - With the passing of Chief Justice William Rehnquist on Saturday, President George W. Bush has chosen to elevate his nomination of John Roberts -- whose confirmation hearings were scheduled to begin today -- as Rehnquist's replacement on the high court. At least one Christian conservative legal advocate is applauding the move. With two vacancies on the Supreme Court, other conservative and pro-family advocates are saying the president now has a historic opportunity to shape the nation's future. In light of Rehnquist's death, the change in Roberts' nomination, and the ongoing relief efforts in areas devastated by Hurricane Katrina, Roberts' hearings have been postponed until Monday, September 12. He was originally nominated to fill the vacancy left after the retirement of Associate Justice Sandra Day O'Connor.
Jay Sekulow, chief counsel for the American Center for Law and Justice, says Judge John Roberts shares Bush's legal philosophy and falls "within the mainstream of the American people."
"John Roberts is extremely well qualified to succeed Chief Justice Rehnquist," Sekulow says in a press release. "His judicial philosophy of interpreting the Constitution and his dedication to upholding the rule of law will serve the high court well -- especially as Chief Justice." AP notes that when he was younger, Roberts clerked for Rehnquist and that the nominee considers the late chief justice as greatly influential in his life and legal career.
Associated Press says the ACLJ attorney bristles at reports that the Senate Judiciary Committee may question the role that Roberts' religious beliefs will have on his jurisprudence. He says the fact that Roberts "takes his Catholic faith seriously" should not disqualify him from serving as chief justice.
Sekulow adds that he expects Bush to quickly nominate another judicial conservative to replace retiring Justice Sandra Day O'Connor.
Conservative pundit Gary Bauer of the Campaign for Working Families says with the opportunity to now fill two slots on the high court, President Bush has a chance to change the course of the nation.
"I think that both the president and his supporters will want to be able to look at this after the two vacancies are filled, and say to themselves that in fact the president has moved the court closer to the values that he believes in and that millions of other Americans believe in," Bauer says. And the president, he adds, should have a good number of qualified judges to choose from to fill that bill.
Bauer says "there is a great list of men and women of all races and backgrounds who have clear records, who are already on the lower federal courts, [and] who are predictably with the pro-family vote."
Manny Miranda, a Washington insider who has spent considerable time as a Senate staffer and an activist, sees the opportunity for the president to name the next woman -- and possibly the first Hispanic -- to the Supreme Court.
"Edith Jones of the Fifth Circuit of Texas is probably one of the most likely nominees," Miranda offers. "And of course Emilio Garza probably heads up the Hispanic list for the president's choice." Garza is also from the Fifth Circuit.
Salutes to Rehnquist
Meanwhile, Miranda -- who is president of the Coalition to End Judicial Filibusters -- was one of many who heaped praise on Chief Justice William Rehnquist, who succumbed to cancer late Saturday night.
"The man deserves a significant time for mourning and tribute," Miranda says. "He was an excellent chief justice who changed the course of American jurisprudence, restoring the Constitution in many aspects."
Christian activist and attorney Ken Connor says Justice Rehnquist will be missed. "He was a towering intellect; a man of sound judgment who believed in judicial restraint and strict construction of the Constitution in accordance with its original intent," Connor says.
And Sean Ruston of the Committee for Justice praised Rehnquist for helping change many decisions while on the high court. "The force of his argument and the force of his intellect definitely changed the court's outlook on a number of issues," he says, "including the relationship between church and state, the relative power of the federal government to the state government, and a number of other issues as well."
Rev. Rob Schenck of the National Clergy Council adds that the late chief justice "left a wonderful pro-life, pro-family, and pro-religious liberty legacy" at the Supreme Court. "We will pray, hope, and work for future justices [who] will carry on his moral courage and good constitutional sense," Schenck says.
Rehnquist's body was to lie in repose in the Supreme Court's Great Hall until Wednesday, when the funeral will take place. He is to be buried at Arlington National Cemetery on Thursday. Rehnquist began his career with the high court in 1972, and became the nation's 16th chief justice in 1986.
