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The Chief Justice, Roberts, and our discussion

Those of you who have been following our ongoing featured discussion between Professors Richard Epstein and Stephen Presser on the vacanc(ies) at the U.S. Supreme Court--catch up with their new postings, prompted by the death of Chief Justice Rehnquist and President Bush's decision to nominate Associate Justice nominee John Roberts to fill the Chief Justice position. Most recently, Professor Presser calls Bush's decision to nominate Roberts for Chief a "brilliant political move."

For very comprehensive coverage of the Supreme Court situation, check out SCOTUSBlog (including the statements made by the president and Roberts; statements by the remaining Supreme Court justices on Rehnquist's passing; significant discussion over the tactics of nominating Robert to the Chief Justice position, and the implications for Justice O'Connor's retirement; and a blog round-up). Among numerous other blog entries that may be of interest to our readers: Orin Kerr's analysis on the prospects for a Justice Janice Rogers Brown (he says low, with which I sadly must concur); Jack Balkin on Chief Justice Rehnquist's likely legacy (he doesn't come out and say it, but says justices tend to be graded historically based on their politics, not judicial craft, and by implication he finds Rehnquist lacking (based not only on his words but my knowledge of Balkin's politics)); and this posting from Rick Hasen (arguing that Democrats will accept Roberts for Chief and shift the fight to the battle looming over O'Connor's successor).



Rafael Mangual
Project Manager,
Legal Policy

Katherine Lazarski
Manhattan Institute


Published by the Manhattan Institute

The Manhattan Insitute's Center for Legal Policy.