While the focus is, appropriately on Katrina and the Victims, BushCo has taken a political gamble in calling for Roberts to be Cheif Justice, and in doing so has given us an opening for a more moderate replacement for O'Connor. But to do so, we have to conditionally back Roberts.
reasons below the cut...
Likely Bush didn't want to have Scalia or Thomas before senate confirmation hearing to be called on various inflammatory decisions during their time on the Court. Rove is wise enough to realize following Katrina with lecures from strict constitutionalists ideologues testifying for the need to shrink government into oblivion.
As a result, the are taking a shot in the dark with Roberts. Sure, he's conservative, but in the trade off for Reinquest, at worst we break even. And so that is what we have to make this. Roberts replaces Reinquest.
It's an easy connection. Not only will Roberts literally be taking the Cheif Justice seat, but he was Reinquiests clerk coming out of law school. Every Democratic senator needs to get on the same page with the following statement.
"Considering the conservative stances of the late Mr. Reinquiest, we agree that Mr. Robert's nomination to the court in his place would not shift the balance of the court, and in fact it seems quite fitting that a protege of the man, a former clerk, should step into this role. We are willing to support this nomination whole heartedly, so long as the White House is willing to nominate a moderate candidate in the mold of O'Connor for her remaining seat. Given that in searching for Mr. Roberts, the president has undoubtedly interviewed numerous canditiates, we expect that nomination to be known prior to Judge Roberts confirmation, to assure that the president is not trying to politicize the court."
Sound byte that up, and repeat it over and over. Roberts replaces Reinquest, and we understand and respect that decision. However, given our allowing a strict constitutionalist conservative such as Roberts, the nominee to replace O'Connor must be a moderate, or we hold on Roberts.
Thoughts?