CBS News - The Early Show & CBS Evening News - John Roberts Takes the Oath of Office
CBS NEWS - THE EARLY SHOW
September
30, 2005
Supreme Court: Who's Next?
(CBS) When John Roberts begins his first term as chief justice of the United States on Monday, he'll be leading a Supreme Court sharply divided over many issues, and one with a pivotal retiring justice.
As CBS News Senior White House Correspondent Bill Plante explains, the new justice will be filling the spot left by Sandra Day O'Connor, who's been the swing vote in many 5-4 decisions.
And the pressure, Plante says, is on President Bush from both sides.
Democratic Sen. Chuck Schumer of New York summed it up when he asked, "Do they consider it the right thing to do to reach out to the middle, or do they sort of batten down the hatches and firm up the hard base on the other side?"
Democrats are threatening a filibuster if the president nominates someone they consider extreme, Plante says.
Conservatives want Mr. Bush to keep his promise and pick someone in the mold of justices Antonin Scalia and Clarence Thomas.
"The president does not have any obligation to make a consensus appointment here," says Jay Sekulow of the American Center for Law and Justice. "What the president's obligation is, is to pick a judicial conservative, and I believe that's what he's gonna do."
Possible candidates, Plante says, include Judge Priscilla Owen, whom Democrats say would trigger a filibuster; White House counsel Harriet Miers, who has no judicial experience; Attorney General Alberto Gonzales, another close friend of the president; and former Deputy Attorney General Larry Thompson.
Plante says the president probably won't make his choice known until next week, but it is the key to the future of the court.
"And Mr. Bush has to decide," Plante says, "does he pick someone who will set off a war with Democrats, and maybe take the court in a more conservative direction, or does he do what he did with Chief Justice Roberts," who appealed to the middle?
When he was sworn in Thursday, Roberts said, "Every generation in its turn must accept the responsibility of supporting and defending the Constitution, and bearing true faith and allegiance to it. That is the oath that I just took."
Now, Plante says, the nation waits for Mr. Bush's next nominee, who may have a far more difficult time getting Senate approval.
CBS EVENING NEWS
September 29, 2005
John Roberts sworn in
as Chief Justice of the United States
BOB SCHIEFFER, anchor:
Now today's other big story. As expected, John G. Roberts was sworn in as the new chief justice after being confirmed by the Senate by a huge margin, 78-to-22. And who better to tell us about that than our own John Roberts.
JOHN ROBERTS reporting:
It is one of the most important appointments a president can make, and today, President Bush stood by his man, sworn in as the 17th chief justice of the United States.
Justice JOHN PAUL STEVENS: So help me, God.
Chief Justice JOHN ROBERTS: So help me, God.
ROBERTS: The president made special mention of Roberts' son Jack, who stole the show back in July at the nomination announcement.
President GEORGE W. BUSH: We extend a special welcome to his wife Jane, their daughter Josie and son Jack, a fellow who's comfortable with the cameras.
ROBERTS: Roberts himself couldn't resist joining in.
Chief Justice ROBERTS: We found a way to get Jack into the committee room, introduced to the committee and back out again without any serious crisis.
ROBERTS: But on a more serious note, the conservative chief justice said he will remain faithful to the Constitution.
Chief Justice ROBERTS: With the help of my colleagues, I can pass on to my children's generation a charter of self-government as strong and as vibrant as the one that Chief Justice Rehnquist passed on to us.
ROBERTS: Now the attention turns to who's next to fill the critical swing seat being vacated by Sandra Day O'Connor. Consultants to the White House say don't expect another O'Connor.
Mr. JAY SEKULOW (American Center for Law & Justice): I think at the end of the day, we're going to see a conservative appointed to the court for the seat of Justice O'Connor. And that is gonna shift the balance of the Supreme Court, but that's the prerogative of the president.
ROBERTS: And it's the prerogative of the Democrats--who see this nomination as even more important than chief justice--to fight that notion.
Senator CHARLES SCHUMER (Democrat, New York): This is a time when America is divided. If there was ever a time when we needed a consensus nominee, it is now.
ROBERTS: They're warning President Bush that he and the Republican Party don't have the same strength they did when Roberts was nominated. Some potential nominees have even drawn threats of a filibuster. The White House doesn't seem worried.
Mr. SCOTT McCLELLAN (White House Spokesman): Well, they were saying that before and it didn't happen.
(Graphic on screen)
Timeline: Law Student to Chief Justice CBSNEWS.com
ROBERTS: Whomever the nominee is, they got some support from Justice Ruth Bader Ginsburg, who said John Roberts was correct to not answers a lot of questions posed to him by the Judiciary Committee. She said it's not appropriate for a nominee to talk about how they would rule in a case that may come before the court. Bob.
SCHIEFFER: Thank you very much, John.