CNN: Bush will nominate Roberts
edarrell at sbcglobal.net
Mon Sep 5 09:15:09 PDT 2005
But don't forget Roberts' time as clerk, and his Washington experience. Plus, soon there will be another new justice, with less time on the Court than Roberts has. There will be a shuffling of relationships, and a lot of new ties formed (and rather quickly, everyone hopes).
The big question remains: Who will be the other new justice?
Ed Brayton <stcynic at crystalauto.com> wrote:
I would agree that of all the potential "outsider" nominees, Roberts is about as good as one could hope for. I would also agree that personal leadership skills are probably more important than experience in the long run. I just think it would be better at this point to appoint someone from within. I fully expect that Roberts will in due time be an effective CJ. I think I'm most curious to see how Scalia will deal with him, to be honest.
Berg, Thomas C. wrote:
On the other hand, Earl Warren by all accounts was immediately successful asa leader coming in from the outside (see, e.g., Brown v. Board of Ed). AndHarlan Fiske Stone, who'd been an associate justice for 15 years, was quiteunsuccessful as chief justice, letting conferences meander and overseeingthe Court sliding into some of its worst personal acrimony ever (as opposedto now, when the justices don't get along badly even though they're closelydivided on issues). Burger was just a difficult, arrogant personality, andRehnquist a very suitable one (combining businesslike habits with a lighttouch and good sense of humor). I think that it has more to do withpersonal leadership skills -- of which Roberts appears to have many -- asopposed to actual experience. And even on the latter score, Roberts is asknowledgable about the Court and these justices as it's possible to bewithout having been a justice himself. And they're quite familiar with himtoo. Tom Berg, University of St.!
School of Law (Minneapolis) _____ From: Ed Brayton [mailto:stcynic at crystalauto.com]Sent: Mon 9/5/2005 9:38 AMTo: Law & Religion issues for Law AcademicsSubject: Re: CNN: Bush will nominate RobertsJMHACLJ at aol.com <mailto:JMHACLJ at aol.com> wrote: CNN is announcing that at the top of the hour President Bush will nominateRoberts to CJ position.Probably not a bad move politically, since it looks like Roberts will sailthrough the nomination process, but I think it's a bad idea in terms of theinternal workings of the court. Without time on the court, he doesn't havethe experience to know how to deal with each justice, how the justicesinteract with each other, how to handle the egos involved, and so forth.Rehnquist was effective as CJ - far more effective than his predecessor,certainly - because he had been on the court for 14 years by the time he wasnominated. He knew what the job required, the balances one must sometimescarefully strike, and he had seen many examples of what no!
t to do.
He alsocommanded the respect of his fellow justices. It has nothing to do withRoberts himself, who by all accounts is a highly capable judge. He may wellgrow into the position and be just fine. But at a time when the court ismore divided than ever, I think it's a bad idea to bring someone in from theoutside to run things.Ed Brayton
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