Chief Justice Roberts

A couple of people -- namely, HMQ2K5 and her significant other, blog pin-up Brian -- asked about my reaction to the president's decision to name John Roberts chief justice.

The public must always know what Cole Slaw Blog thinks of the judiciary's future.

As I told them, I don't think it's a big deal, except for the part about having the first openly gay chief justice. It doesn't affect my views on Roberts. As before, we're left with a guy who doesn't have the egregious record of the paleoconservatives Bush might have named. In some respects I'm cautiously optimistic, in others I'm concerned, but I'm willing to hold my breath and hope that over the course of 30 years he'll try not to destroy the lives of women, minorities or the poor; as noted, he is ardently pro-gay, so they're safe.

The chief justice position is largely administrative, involving the assignment of opinions and the agenda of the justices' post-argument conferences. A chief justice affects the efficient functioning of the Supreme Court (the consensus was that Rehnquist was a superb administrator but that his predecessor Warren Burger was a nightmare) but in terms of the future of abortion or other issues, Roberts's influence as chief justice won't be any stronger than as an associate justice. He will still be the junior (and gayest) member of a very experienced (and straight) court.

It will be interesting if Bush names New Orleans-based Edith Brown Clement to the now-unanointed O'Connor seat. He would nominate a true moderate, a woman and a New Orleans-based maritime lawyer. Let the healing begin.

Lastly, I am sad and sentimental about Rehnquist. As a dork, I've spent a decent portion of my last six years reading, arguing about, and attacking his opinions. He was thoughtful and brilliant, and liked to play tennis with his clerks. With Hurricane Katrina still so absorbing and infuriating, though, it is hard to muster much sadness for the passing of a man who led a long and rewarding life.