Chief Justice Rehnquist Has Died.

[visionary]

RIP Rehnquist, at least his suffering is over.

I know this is a bit old, but since there are no threads on it yet, and I'm sure people have some opinions on this news and a few might even want to say something about the guy himself ...

Chief Justice Rehnquist dies at 80

Bush says he'll move quickly to name replacement

WASHINGTON (CNN) -- Chief Justice William H. Rehnquist, who quietly advanced the conservative ideology of the U.S. Supreme Court under his leadership, died Saturday evening. He was 80.

The justice, diagnosed with thyroid cancer, had a tracheotomy and received chemotherapy and radiation as part of his treatment.

Supreme Court spokeswoman Kathy Arberg said Rehnquist had "continued to perform his duties on the court until a precipitous decline in his health the last couple of days."

Then with his three children beside him, the justice died at his suburban Arlington, Virginia, home, the court spokeswoman said.

Rehnquist had become increasingly frail after his cancer diagnosis last October, but his office had refused to characterize the seriousness of his illness.

Meanwhile, he had worked from home for several months and missed oral arguments in a number of cases.

"America will honor his memory," President Bush said Sunday. He praised Rehnquist as "a man of character and dedication" who "led the judicial branch of government with tremendous wisdom and skill."

Bush said he would move quickly to choose a "highly qualified" candidate as his replacement on the Supreme Court.

Hours after leaving the hospital in July following treatment for fever, he made a decree: "I want to put to rest the speculation and unfounded rumors of my imminent retirement," he said in a written statement. "I am not about to announce my retirement. I will continue to perform my duties as chief justice as long as my health permits."

He went to work the next day.

Four months earlier, when Rehnquist joined the other justices for the first time after a break, he showed no emotion, paid sharp attention to arguments and asked eight or nine technical questions.

Despite the tracheotomy tube in his throat to help him breathe, his voice was fairly strong.

Moved court in conservative direction

President Nixon appointed Rehnquist to the Supreme Court in 1972, and in 1986, President Reagan tapped him as chief justice to replace Warren Burger.

In that role, Rehnquist led the closed-door conferences where justices discuss and vote on cases; assigned who wrote the majority rulings; managed the docket; controlled open court arguments; and supervised the 300 or so court employees, including clerks, secretaries, police and support staff.

Rehnquist, who belonged to a loose, 5-4 conservative majority, was the second-oldest man to preside over the nation's highest court.

Early in his tenure, he often was the lone dissenter, despite the presence of two other Republican appointees.

David Yalof, a constitutional law professor at the University of Connecticut, credited Rehnquist with moving the court in a consistent, conservative direction.

"He was able, over time, to gather colleagues together cordially, manage tension, build a majority and turn them over to his point of view," Yalof said.

Rehnquist followed the legal philosophy of judicial restraint, which interprets the U.S. Constitution narrowly.

He believed the only rights the Constitution protects are those the document names specifically, and justices should consider the framers' original intent when making rulings.

Shortly after Nixon named him as an associate justice, Rehnquist and Justice Byron White were the only dissenters in the landmark 1973 Roe v. Wade decision, which established that a woman's right to an abortion was protected under the right to privacy.

"To reach its result, the court necessarily has had to find within the scope of the 14th Amendment a right that was apparently completely unknown to the drafters of the amendment," Rehnquist wrote in his dissent.

'Unifying figure' on court

In 1999, Rehnquist became the second chief justice in U.S. history to preside over a presidential impeachment -- that of President Clinton, who was acquitted.

Having already sat on the court for 14 years, Rehnquist quickly matured in the role of chief justice. He cut the number of cases the court agreed to hear, streamlined conferences and sought clearer, strongly reasoned opinions.

Jay Jorgensen, a former clerk for the chief justice, said it was the little things Rehnquist did that built personal trust, loyalty and respect among justices who were often sharply divided ideologically.

"He set up a system during conferences where every justice, one by one, in order of seniority, is allowed to weigh in on a case," Jorgensen said. "There is no free-for-all debate; the chief justice does not allow bickering."

On Saturday night, Ruth Wedgwood, a constitutional lawyer and close friend of Rehnquist's, said, "He was an interesting man. He had an interesting life. Over time, I think he became a much more unifying figure in the court."

His death, she said, puts a "great burden" on the Senate, which will be responsible for confirming a replacement.

Find this article at:

http://www.cnn.com/2005/LAW/09/04/rehnquist.obit/index.html

[Gallen5862]

RIP chief Justice Rehnquist. Condolences to his family and Friends.

[Ghost of]

RIP William Rehnquist.

One thing I quibble about, 'judicial restraint' does not mean that you believe the only rights protected are those specifically enumerated in the constitution. That whole 9th amendment throws a wrench in that, even if it seemed on a few cases that some of the practicioners of 'restraint' spoke words to that effect.

[jbooma]

Bush might ask O'Connor to stay on if possible.

Someone was saying today on the news that they would not be surprised if Bush points Roberts to the lead justice.

[iheartskins]

'Booma, O'Connor has resigned. Roberts is her replacement. She would have to reappointed and reconfirmed in order to "remain" on the court.

[jbooma]

'Booma, O'Connor has resigned. Roberts is her replacement. She would have to reappointed and reconfirmed in order to "remain" on the court.

I have a feeling they could put her back on with no problems if everyone agrees. They were talking just about this coming session, so they would have a chance to get another judge in there.

[Thiebear]

RIP lifetime of works that were large....

[Renegade7]

RIP, sir. I have a lot of respect for you.

[Westbrook36]

Chief Justice Antonin Scalia.

[Ancalagon the Black]

'Booma, O'Connor has resigned. Roberts is her replacement. She would have to reappointed and reconfirmed in order to "remain" on the court.

Unless Roberts were appointed as Chief Justice, right?

[EvoSkins]

George Bush's legacy will be 9/11, Iraq, nominating two justices,and New Orleans.

Bush has enormous power now by being able to select two new justices and appointing a chief justice. Womens rights and abortion are seriously in jeopardy. I am very scared of what may happen.

[visionary]

It would be very interesting to see what would happen if he appoints Thomas as the Chief Justice...I would like to see the Democrats try and stop him after all of the racism BS from the New Orleans disaster...:-)

[BlueTalon]

It would be very interesting to see what would happen if he appoints Thomas as the Chief Justice...I would like to see the Democrats try and stop him after all of the racism BS from the New Orleans disaster...:-)

He's not black enough. Or something.

[BlueTalon]

George Bush's legacy will be 9/11, Iraq, nominating two justices,and New Orleans.

Bush has enormous power now by being able to select two new justices and appointing a chief justice. Womens rights and abortion are seriously in jeopardy. I am very scared of what may happen.

Well, according to the Constitution, selecting Justices is part of the President's job.

But just to make you feel better, several other Justices are old, and so Bush could very well pick more than just two!

[Ancalagon the Black]

Thomas as Chief Justice would be very interesting. I doubt he has the stamina to run the meetings. And I'd love to see him write more opinions.

[visionary]

Second Court Vacancy Triggers a Scramble

Bush Considers Picking Roberts as Chief, Aides Say

By Peter Baker

Washington Post Staff Writer

Monday, September 5, 2005; A01

The death of Chief Justice William H. Rehnquist just days before Senate confirmation hearings for John G. Roberts Jr. set off a scramble in Washington yesterday and presented President Bush a historic opportunity to put his stamp on the Supreme Court for decades to come.

As he contemplates filling his second court vacancy, Bush is considering a plan to install Roberts as chief justice rather than as an associate justice replacing Sandra Day O'Connor, senior administration officials said. With the Roberts vetting process well advanced and his confirmation on track, such a shift could guarantee that a chief justice would be in place when the court opens its term Oct. 3.

The switch would be unprecedented in modern times. If the president does not opt for that course, officials said, he will return to the list of potential candidates he scrutinized in picking Roberts in July. Among those at the top of such a list would be his close friend Attorney General Alberto R. Gonzales; his former deputy attorney general, Larry D. Thompson; and a handful of federal appeals judges, including Edith Hollan Jones, Edith Brown Clement, J. Harvie Wilkinson III, J. Michael Luttig, Emilio M. Garza and Priscilla R. Owen.

The opening for chief justice confronted the White House with another challenge at a volatile moment. Given his deteriorating health, Rehnquist's death came as no surprise, but the timing made the politics complex, coming in the midst of a crisis touched off by Hurricane Katrina and just before the Roberts hearings, which are set to begin tomorrow.

While senators discussed postponing the hearings, Bush advisers gathered at the White House to consider strategy amid recovery efforts in the Gulf Coast. Some conservative advocacy groups laid down markers, urging Bush not to appoint Gonzales, whom they consider too moderate.

As they sift through names, White House advisers are weighing whether it would be better to announce a nominee quickly or to wait until after the situation in the Gulf Coast is better in hand and the Roberts confirmation process is finished. With his poll ratings at an all-time low, gasoline prices at a longtime high and U.S. troops suffering rising casualties in Iraq, Bush confronts a perilous point in his presidency.

Bush mentioned none of this in his public comments yesterday, instead paying tribute to Rehnquist in a brief televised appearance in the Roosevelt Room and promising to move expeditiously in naming a chief justice.

"There are now two vacancies on the Supreme Court, and it will serve the best interests of the nation to fill those vacancies promptly," Bush said. "I will choose in a timely manner a highly qualified nominee to succeed Chief Justice Rehnquist."

Bush praised Rehnquist for a "powerful intellect," a "deep commitment to the rule of law" and a "profound devotion to duty." In a personal note, the president recalled Rehnquist's special effort to appear at the inauguration in January despite his thyroid cancer to swear Bush in for a second term. "I was honored, and I was deeply touched when he came to the Capitol for the swearing-in last January," Bush said. "He was a man of character and dedication."

The president later telephoned Rehnquist's children to express condolences and ordered flags flown at half-staff. Rehnquist will lie in state in the Great Hall of the Supreme Court building starting tomorrow and will be buried at Arlington National Cemetery on Wednesday. If his successor has not been confirmed by the time the court reconvenes next month, his chair will remain empty and draped in black.

For Bush, the situation represents a rare chance to cement a more conservative court and his own legacy at the same time. No sitting justice has died while in office in more than a half-century, and no president has installed two newcomers to the court at the same time since 1971, when Richard M. Nixon appointed Rehnquist to fill one of a pair of vacancies. When President Ronald Reagan tapped Rehnquist to move up from associate justice to chief justice in 1986, it created an opening that was filled by Antonin Scalia. If Bush elevates Scalia or Clarence Thomas to chief justice, it would mean three confirmation battles at once.

"This is the most historic moment in Supreme Court history in our lifetime, no question about it," said Jay Sekulow, chief counsel at the American Center for Law and Justice, founded by evangelist Pat Robertson, and an adviser to the White House on court issues. "These are justices who are going to serve for decades."

The chief justice casts only one vote on the nine-member court but wields influence in important ways. As the titular leader, the chief justice can try to set a tone and philosophical direction. When in the majority on a case, the chief chooses which justice writes the decision, shaping the contours and scope of a ruling. The chief also runs the court's administrative functions as well as those of the broader federal judiciary.

With Rehnquist's death, the senior associate justice fills in as chief -- in this case Justice John Paul Stevens, the court's most consistent liberal voice. For that reason alone, Republican advisers said, the White House will be eager to get a replacement for Rehnquist in place. Also, an eight-member court can divide on 4 to 4 votes that would let lower court decisions stand without setting precedent.

Bush began meeting yesterday with senior aides, including Chief of Staff Andrew H. Card Jr. and White House counsel Harriet Miers, to discuss possible nominees. Aides pulled out files from candidates considered in July.

"We're not starting from standing still," said one senior official, who like others declined to be named because Bush insists on a confidential process. "We have a process that has been developed . . . and now we're in an execution phase." The official said the decision and its timing would be independent of the hurricane relief efforts. "I don't think Katrina will influence that," he said.

Bush seems unlikely to name Scalia because he wants someone young enough to be chief for a generation, advisers said, nor is he likely to ask O'Connor to become chief, as some Democratic senators urged on television yesterday. Although Clement, a judge on the U.S. Court of Appeals for the 5th Circuit, was a finalist behind Roberts, several Republicans close to the White House said they doubted she would be named chief justice.

The idea of making Roberts chief justice seems to have natural appeal. Roberts, a former lawyer in the Ronald Reagan and George H.W. Bush administrations who now serves as a judge on the U.S. Court of Appeals for the District of Columbia Circuit, was first interviewed by the White House in April not for O'Connor's seat but in the expectation that Rehnquist would retire or die.

As a former Rehnquist clerk, Roberts could be expected to continue in the same conservative course, and at age 50 he would have a long tenure in the top slot. After six weeks of media scrutiny, he is also a known commodity who has not generated strong opposition among Senate Democrats.

The mechanics of a switch would not be hard. Bush would withdraw Roberts's nomination as associate justice and then simultaneously nominate him as chief justice. Bush could then take his time choosing someone else to replace O'Connor because she has agreed to remain on the court until her successor's confirmation. The president would also be free to focus more intently in the days and weeks ahead on leading the federal response to Katrina.

"That's the right move for a whole variety of reasons and, if I were on the inside, that is what I would be arguing," said Bradford A. Berenson, a former associate White House counsel in the president's first term. "There is the one and only way for the Supreme Court to start its term with nine members and a chief, and that is to nominate John Roberts."

Administration officials said the option was under consideration but would not handicap how likely it is. "Roberts is obviously qualified to be chief justice," one top official said. "The question is if there are arguments on the other side, and there are. We just have to weigh them."

One of the arguments on the other side is not to do anything to complicate a confirmation process for Roberts that has gone smoothly. And Bush knew when he picked Roberts for associate justice that he probably would have a chance to name a chief justice, so he might already have someone else in mind.

If so, some Republican strategists believe it could be Gonzales, a longtime confidant from Texas who served as White House counsel in Bush's first term and would be the first Hispanic to serve on the Supreme Court. Many conservatives howled last summer at the prospect of Gonzales replacing O'Connor because they view him as unreliable on abortion, affirmative action and other key issues, and they renewed the complaints within hours of Rehnquist's death.

"I don't know what they get by alienating the last remaining 35 percent of the country that's really on his side," said a conservative ally of the White House who would comment only if granted anonymity.

But Bush likes Gonzales and might feel compelled to keep the court from becoming too much of a white man's bastion, advisers said. "The pressure to find a woman or a minority if anything will be even greater this time around," Berenson said. Another close adviser to the White House who asked not to be named said, "I have a sneaking suspicion it would be either a woman or Gonzales."

© 2005 The Washington Post Company

http://www.washingtonpost.com/wp-dyn/content/article/2005/09/04/AR2005090401525.html

[visionary]

Possible Supreme Court Nominees

The Washington Post

Monday, September 5, 2005; 12:00 AM

Below are profiles of leading jurists often mentioned as persons President Bush might nominate for the Supreme Court. Chief Justice William H. Rehnquist's death on Sept. 3 gives the president another vacancy to fill. In July, he nominated John G. Roberts Jr. to fill Justice Sandra Day O'Connor's seat on the court.

Samuel A. Alito Jr.

Samuel A. Alito Jr., 55, is a jurist in the mold of Justice Antonin Scalia. Nicknamed "Scalito," or "little Scalia," by some lawyers, the federal appeals court judge is a frequent dissenter with a reputation for having one of the sharpest conservative minds in the country.

Educated at Princeton University and Yale Law School, Alito was nominated by President George H.W. Bush to the U.S. Court of Appeals for the 3rd Circuit in 1990. He had worked for the Justice Department in the Reagan administration and served as U.S. attorney for the District of New Jersey.

In 1991, he was the lone dissenter in a 3rd Circuit decision striking down a Pennsylvania law's requirement that women tell their husbands before having an abortion. Alito also wrote a 1997 ruling that Jersey City officials did not violate the Constitution with a holiday display that included a creche, a menorah and secular symbols of the Christmas season.

Three years ago Alito drew conflict-of-interest accusations after he upheld a lower court's dismissal of a lawsuit against the Vanguard Group. Alito had hundreds of thousands of dollars invested with the mutual fund company at the time. He denied doing anything improper but recused himself from further involvement in the case.

-- Christopher Lee

Edith Brown Clement

President Bush interviewed Edith Brown Clement at the White House in July, and for several hours the media focused on her as a likely nominee before the president named John G. Roberts Jr. to succeed Justice Sandra Day O'Connor.

Clement, 57, sits on the U.S. Court of Appeals for the 5th Circuit, and is based in New Orleans. She rode out Hurricane Katrina at the home of a colleague, Judge E. Grady Jolly, in Jackson, Miss.

President George H.W. Bush appointed Clement to the U.S. District Court for the Eastern District of Louisiana in 1991, and she was elevated to her current post in 2001.

Before becoming a judge, she had a private law practice for 16 years in New Orleans, specializing in maritime law and representing oil companies, insurance firms and the marine services industry. She is a graduate of the University of Alabama and Tulane University Law School.

She is a member of the Federalist Society, an influential conservative legal organization. Lawyers who know Clement describe her as a judicial conservative who leans toward the defense in civil cases, and as a no-nonsense judge who is strict about deadlines and insists on professionalism from lawyers.

-- Alan Cooperman

Emilio M. Garza

Emilio M. Garza, 58, would be the first Hispanic nominated to the high court.

The former Marine captain earned bachelor's and master's degrees from the University of Notre Dame and graduated from the University of Texas School of Law. He practiced in his native San Antonio for 11 years and served as a state judge for a year before President Ronald Reagan nominated him to the U.S. District Court for the Western District in 1988. Three years later, President George H.W. Bush elevated him to the 5th Circuit.

In 1997, Garza sided with the majority in striking down parts of a Louisiana law requiring parents to be notified when a minor seeks an abortion. In his concurring opinion, he expressed doubts about the Supreme Court's 1973 Roe v. Wade decision. "n the absence of governing constitutional text, I believe that ontological issues such as abortion are more properly decided in the political and legislative arenas," Garza wrote. ". . . t is unclear to me that the Court itself still believes that abortion is a 'fundamental right' under the Fourteenth Amendment."

That opinion, combined with what one expert said was an undistinguished record, could make his nomination a tough sell. "It's just hard for me to see that he could get confirmed," said Arthur D. Hellman, a professor at the University of Pittsburgh School of Law.

-- Christopher Lee

Alberto R. Gonzales

Although Attorney General Alberto R. Gonzales has less time on the bench than other Supreme Court candidates, he has a crucial advantage: the friendship of President Bush.

When conservative groups criticized Gonzales in July, Bush said: "I don't like it at all." What the president does like, according to advisers, is the idea of naming the first Hispanic to the Supreme Court.

But Gonzales could face opposition from both ends of the political spectrum: those on the left who disapprove of the terrorism policies he helped craft after Sept. 11, 2001, and those on the right who view him as insufficiently opposed to abortion.

Gonzales, 50, grew up as the son of impoverished Mexican immigrants and went on to Harvard Law School. Bush, as governor of Texas, hired him as his general counsel and later appointed him to the Texas Supreme Court. Bush made Gonzales his White House counsel in 2001.

The Senate confirmed Gonzales as attorney general in February.

Yet, the strongest antipathy to Gonzales comes from the right. In 2000, Gonzales sided with a majority of the Texas high court in allowing a 17-year-old to obtain an abortion without notifying her parents. Gonzales also testified at his confirmation hearing that he recognized the Roe v. Wade decision as "the law of the land."

-- Alan Cooperman

Edith Hollan Jones

Edith Hollan Jones, 56, a one-time Texas attorney who specialized in real estate, bankruptcy and oil, has served on the U.S. Court of Appeals for the 5th Circuit, and is widely considered to be one of the most ardent and vocal conservatives among the candidates.

Jones first surfaced as a high court prospect in 1990, when she turned up on a short list considered by then-President George H.W. Bush. But the elder Bush eventually appointed David Souter to a seat left vacant by the death of Justice William J. Brennan Jr.

She was appointed an appellate court judge by President Ronald Reagan and has written several circuit opinions that have been reversed by the Supreme Court, including one earlier this year involving a death penalty case.

A native of Philadelphia, Jones received a bachelor of arts degree from Cornell University and a law degree from the University of Texas. She once served as the general counsel of the Texas Republican Party and was an attorney for 11 years in Houston before being appointed to the 5th Circuit.

A strong foe of abortion, Jones has called the Supreme Court's reasoning in Roe v. Wade an "exercise of raw judicial power.'' In a 2004 case, she argued that a rare insect could not be protected by the Endangered Species Act because such a move would exceed Congress's authority to regulate interstate commerce.

-- Eric Pianin

J. Michael Luttig

J. Michael Luttig, 51, has a conservative legal pedigree that includes clerkships for Judge Antonin Scalia, now a Supreme Court justice, on the U.S. Court of Appeals for the District of Columbia Circuit in 1982-83 and for Chief Justice Warren E. Burger in 1983-84.

A graduate of Washington and Lee University and the University of Virginia law school, Luttig served in the Justice Department during the first Bush administration, where he helped Justices Clarence Thomas and David H. Souter win Senate confirmation. President George H.W. Bush appointed him to the Richmond-based U.S. Court of Appeals for the 4th Circuit in 1991, when Luttig was 37.

Despite his reputation as a staunch conservative, in 2002 Luttig became the first federal appellate judge to rule that inmates have a constitutional right to post-conviction DNA testing to try to prove their innocence, calling it "a matter of basic fairness." In 1999, he granted protection to a female college football kicker under the federal law, known as Title IX, that bans sex discrimination in federally funded educational programs.

He has sometimes clashed with other members of the 4th Circuit, including fellow conservative J. Harvie Wilkinson III. In 2003, Luttig wrote a dissenting opinion that supported the Bush administration's position that it could designate and detain "enemy combatants" with little judicial scrutiny.

-- Charles Lane

Michael W. McConnell

Michael W. McConnell, a judge on the Denver-based U.S. Court of Appeals for the 10th Circuit, is a favorite of religious and social conservatives. He sees government aid to religious schools as constitutional and supports the rights of student prayer clubs.

McConnell, a University of Chicago Law School graduate, has argued in favor of allowing the Boy Scouts of America to exclude gays, and he once wrote that the Roe v. Wade abortion ruling was "an embarrassment to those who take constitutional law seriously" -- but later softened that stand.

The mild-mannered judge from Utah, who skis and hikes, has drawn strong criticism from Democrats for his views. But his defenders say he is not an ideologue and that his stances are nuanced and not easy to pigeonhole.

During his appellate court confirmation hearing in 2002, he told senators that a constitutional amendment banning abortion "is not going to happen." He opposes a constitutional amendment to ban flag burning and is against mandatory school prayer. McConnell also criticized the reasoning behind the Supreme Court's Bush v. Gore decision that handed the 2000 election to George W. Bush.

McConnell, 50, was born in Louisville. He clerked for Supreme Court Justice William J. Brennan Jr. and held positions as a government lawyer and law professor before Bush nominated him to the court of appeals in September 2001.

-- Eric Pianin

Antonin Scalia

Supreme Court Justice Antonin Scalia has been the court's premier conservative and intellectual combatant since he was appointed by President Ronald Reagan in 1986.

The one-time law professor's outspokenness and often scathing comments about opposing views once earned him a reputation as an intellectual bully.

In one dissent, Scalia wrote that a 1989 opinion by Justice Sandra Day O'Connor, in which she sidestepped the question of whether abortion should be legal, was "irrational" and "cannot be taken seriously."

Recently, Scalia has waged a charm offensive, as it became clear that the seriously ill Chief Justice William H. Rehnquist was nearing the end of his career.

Scalia's chances to move up may have received a boost when Senate Minority Leader Harry M. Reid (D-Nev.) said after last November's election that he admired Scalia and might not oppose him for chief justice.

Despite his reputation for toughness, Scalia, 69, is known as a gentleman and a good boss to his clerks.

Born in Trenton, N.J., the Harvard Law School graduate practiced law in Cleveland before teaching at the University of Virginia, the University of Chicago, Georgetown and Stanford. He served as a federal government lawyer throughout the 1970s and then was appointed to the U.S. Court of Appeals for the D.C. Circuit in 1982.

-- Eric Pianin

Larry Thompson

Larry Thompson, who was second in command at the Justice Department under former Attorney General John D. Ashcroft, has broad experience in law enforcement but never served as a judge and never produced a paper trail of scholarly articles or opinions.

If chosen by Bush and confirmed by the Senate, Thompson, 59, the son of a railroad laborer from Hannibal, Mo., would be the second black justice on the high court, alongside his longtime friend, Justice Clarence Thomas.

As a government lawyer, Thompson worked on anti-terrorism policies and cracking down on corporate crime. The conservative Republican is vice president and general counsel for PepsiCo. But President Bush hinted last April that he had future plans for Thompson when he declared at an event in Buffalo that "Larry, we miss you. . . . Don't get too comfortable."

A graduate of the University of Michigan Law School, Thompson spent 16 years as a white-collar defense attorney and law instructor before joining the Justice Department. From 1982 to 1986, he served as U.S. attorney for the northern District of Georgia and led the Southeastern Organized Crime Drug Enforcement Task Force.

He later joined one of Atlanta's most prestigious law firms, King & Spalding, and represented Thomas in 1991 during his bitter Supreme Court confirmation battle.

-- Eric Pianin

J. Harvie Wilkinson III

J. Harvie Wilkinson III, 60, reminds many lawyers of his mentor, the late Justice Lewis F. Powell Jr. He has spent more than 20 years as a judge on the U.S. Court of Appeals for the 4th Circuit, where he is known for his courteous manner and self-described "humane" conservativism.

The son of a wealthy Richmond banker, Wilkinson went to Yale and the University of Virginia School of Law. He served in the Army, ran unsuccessfully as a Republican for Congress in 1970 and clerked for Powell, a family friend, in 1972-73.

But unlike most candidates for the Supreme Court, Wilkinson -- known as "Jay," from his first initial -- never practiced law in the private sector. He taught at Virginia's law school for five years and was editorial page editor of the Virginian-Pilot in Norfolk from 1978 to 1981. After serving in the Justice Department's civil rights division, he was appointed to the 4th Circuit by President Ronald Reagan in 1984.

Wilkinson's rulings include a 1987 opinion striking down a minority set-aside program for city contractors in Richmond and a 1996 decision upholding the "don't ask, don't tell" policy toward gays in the military. In a string of national security cases since Sept. 11, 2001, he has urged judicial deference to the executive branch in times of war.

-- Alan Cooperman

© 2005 Washingtonpost.Newsweek Interactive

http://www.washingtonpost.com/wp-dyn/content/article/2005/09/04/AR2005090401288_pf.html

[jbooma]

'Booma, O'Connor has resigned. Roberts is her replacement. She would have to reappointed and reconfirmed in order to "remain" on the court.

iheart with Bush now appointing Roberts to the Chief Justice position, then Sandra has to say on till they replace her spot.

[Ancalagon the Black]

iheart with Bush now appointing Roberts to the Chief Justice position, then Sandra has to say on till they replace her spot.

She doesn't have to, but she has said that she would.

[NavyDave]

Hopefully roberts doesnt turnout to be a breyer and more of a Rehnquist.

Hopefully if its not Janice R Brown its someone just as conservative.

Also what women's rights would be hurt??

The right to kill babies would become a state issue so there will be plenty of places where abortions would be legal but state funded