A Time of Transition at the Supreme Court of the United States
September 6, 2005
The country suffered a great loss with the passing of Chief Justice Rehnquist. He was one of America's greatest Chief Justices. He was a staunch defender of our Constitution, an important advocate for a judiciary that interprets rather than makes law, and a role model for those of us who believe it is important to place a premium on the rule of law.
First and foremost, now is the time to reflect upon the legacy of the Chief Justice - this is an important way of paying our respects to him and to his family. It also is an appropriate way of asking Americans to strengthen their appreciation for the genius of our Constitutional system. After all, Chief Justice Rehnquist's work helped to advance the idea that the best means of preserving individual freedom and human dignity is by enforcing the limits on government power set forth in our Constitution, including a judiciary that does not legislate from the bench. His defense of a method of judicial interpretation that is constrained by Constitutional text and original meaning, his recognition of the preeminent role of democratic institutions at both the state and federal levels, and, at the same time, his understanding that courts at times must enforce the limitations on power imposed upon Congress and the other political branches - these are the hallmarks of a judge who understood that no one is above the law.
The Legacy of Chief Justice Rehnquist
Chief Justice Rehnquist commanded tremendous respect at the Court, even in this period when the Justices were divided over substantial Constitutional issues. He was instrumental in leading the Court back to a due regard for the role of the states and our political branches. He also played a key role in directing the Court toward a more proper and logical understanding of Church - State relations, making clear that the Constitution ensures government neutrality toward religion rather than removing religion altogether from the public square.
After a long line of Warren Court cases that jeopardized our nation's ability to sustain effective law enforcement efforts, Chief Justice Rehnquist led the Court to greater faithfulness to the Constitution in the area of criminal procedure, which, no doubt, helped to facilitate the important reduction in violent crime we have witnessed over the past couple of decades.
Early on, William Rehnquist was devoted to an approach to judicial decision making that employed only legal tools. Politics had no place in judging-what mattered to the Chief was the Constitution and laws of the United States as they were written and understood by their framers. In this regard, the Chief Justice respected the separation of government powers established by our Constitution. And, importantly, he avoided fueling what is perhaps the most dangerous threat to judicial independence - a form of judging that bespeaks arrogance through a disregard for the will of the people in areas where the Constitution gives them the final say.
Confirmation Process for Chief Justice Nominee John Roberts
President Bush acted quickly in nominating John Roberts to succeed the Chief Justice. With the death of Chief Justice Rehnquist, confirmation hearings have been delayed and will now begin on September 12th.
The nomination of John Roberts as Chief Justice is a welcomed decision one that will serve both the nation and the high court well. John Roberts is highly qualified to bring sound leadership to the high court. With his judicial philosophy of interpreting the Constitution instead of legislating from the bench, John Roberts will set a tone that will resonate with the American people as the high court tackles some of the most challenging issues of the day. I have known John Roberts for nearly 20 years and worked with him on cases at the Supreme Court and I believe his selection to succeed Chief Justice Rehnquist is an extraordinary move. With the high courts new term to begin in one month, the Senate must move forward with the confirmation hearings without delay. The American people deserve to have a Chief Justice on the bench when the court convenes. There could not be a better person for such an important position than John Roberts.
Justice O'Connor's Replacement
President Bush says he will name a replacement for Justice Sandra Day O'Connor in a timely manner. I expect that to occur sooner rather than later. There are many well qualified candidates for the Associate Justice seat. I know that this President takes his appointment authority very seriously, and he has said time and again that he feels obliged to nominate individuals who share his philosophy that judges should interpret the law rather than legislate from the bench. That is what our Constitutional system demands. Judicial selection is not about some optimal "ideological balance" on the Court. The chairs at the bench at the Supreme Court are not marked "liberal," "moderate," and "conservative." The job is to find the best qualified individual - man, woman, or minority - who understands the proper judicial role. There are few better guideposts than the memory of the Chief Justice's years of service on the Court.
What's Ahead
Center - Right leaders have demonstrated an extraordinary commitment to maintaining a civil and dignified confirmation process, despite a strong temptation to be drawn into the vituperative rhetoric and scandalous accusations hurled by liberal opposition groups. I have focused attention on the proper role of the courts in our democratic society, and have reminded the American people to review Judge Roberts's record and upcoming hearing testimony with that role in mind. I have called for a fair, prompt confirmation, which helps to bring the Supreme Court back to full strength, ensuring it is open for business in a way that advances the rule of law as effectively and expeditiously as possible. And, when necessary, I've urged our fellow citizens to be critical thinkers - asking them to scratch slightly below the surface to see whether some of the arguments made in opposition to Judge Roberts are fueled by an extreme political agenda.
I urge you to stay the course - keep the focus on the confirmation of Judge Roberts, and celebrate the legacy of a great Chief Justice who made enormous contributions to our country with the same tone and style we've been using in the Roberts context these past weeks. We must continue to reject rhetoric that treats courts as though they are political institutions. This is how we best honor the accomplishments of our Chief Justice.