Bush Calls Rehnquist's Death a 'Great Loss'

Sen. Edward M. Kennedy (D-Mass.), another Judiciary Committee member, said in a statement that Bush should concentrate on relief efforts in the aftermath of Hurricane Katrina. "With Justice O'Connor committing to stay until her replacement is named, we can and should remain focused first on protecting our citizens who need help the most," Kennedy said. He said Rehnquist "served this country with the greatest distinction, and I respected his leadership of the federal judiciary and his strong commitment to the integrity and independence of the courts."

Bush has said he wants Roberts to be confirmed before the Supreme Court begins its new session Oct. 3. But it is considered unlikely that a new chief justice could also be confirmed by then. In the event that the Supreme Court started the session with only eight of its nine members in place and deadlocked 4-4 on a case, the lower-court ruling in the case would stand.

Amid the questions on whether to proceed as scheduled with the Roberts confirmation hearings, tributes to Rehnquist came in today from a cross-section of the nation's political establishment.

"Chief Justice Rehnquist's death marks the passing of a great American," Specter said. "For more than three decades he left a deep imprint on American law. It has been a profound experience to know him personally."

Sen. Patrick Leahy (D-Vt.), the top Democrat on the Judiciary Committee, said, "One of the hallmarks of [Rehnquist's] tenure was his tenacious fight to preserve the integrity and independence of our federal courts." He said the chief justice's "commitment to the court and his passion for the law and for public service was extraordinary."

Rep. Nancy Pelosi (D-Calif.), the Democratic leader in the House of Representatives, praised Rehnquist as "a strong advocate for an independent judiciary, particularly in response to recent threats to impeach judges for their judicial decisions and to strip federal courts of jurisdiction."

Senate Majority Leader Frist said the chief justice "was an inspiration to me to be mindful of our duty to history and our place in preserving the strength of this great nation we serve."

Sen. John Cornyn (R-Tex.), a Judiciary Committee member who has occasionally been mentioned as a prospective Bush nominee to the high court, said, "Chief Justice Rehnquist restored sanity to our criminal justice system, respect for our nation's allocation of power between the states and the federal government, and freedom in the public square to people of faith."

The death of Rehnquist presented Bush with the opportunity to a fill two simultaneous vacancies on the Supreme Court for the first time in 34 years. The last time the court had two openings was in 1971, when Rehnquist was appointed by president Richard M. Nixon following the retirements of justices Hugo Black and John Marshall Harlan.

O'Connor said in her surprise retirement announcement July 1 that she would stay on until her successor is confirmed. On July 19, Bush nominated Roberts, a judge on the U.S. Court of Appeals for the District of Columbia Circuit, to replace O'Connor.

Much of the speculation on a successor to Rehnquist centered on the prospect that Bush might elevate a serving conservative justice to the post. His favorites on the court are said to be Antonin Scalia, 69, appointed in 1986 by President Ronald Reagan, and Clarence Thomas, 57, who was nominated by Bush's father, President George H.W. Bush, in 1991. Thomas, who went through a bruising confirmation fight, is the youngest member of the Supreme Court.

Choosing a serving justice would create the need for two additional Senate confirmations besides that of Roberts: one for the nominee to be chief justice and another for the eventual nominee to replace the elevated justice.