Bush Calls Rehnquist's Death a 'Great Loss'

In any case, Bush is likely to come under pressure to name a woman or a Latino to the court. The retirement of O'Connor leaves Ruth Bader Ginsburg as the court's only female justice, and Americans ranging from leaders of women's organizations to first lady Laura Bush had publicly advocated replacing O'Connor with another woman. Latino groups, for their part, have said the high court needs a Hispanic justice in part to reflect the emergence of Latinos as the nation's largest minority.

Among the Latinos who have been prominently mentioned as possible Bush choices is Attorney General Alberto R. Gonzales, a Bush confidant who formerly served as White House counsel and who was named to the Texas Supreme Court by Bush when he was governor. Other names that have surfaced are those of appeals court judges Emilio Garza, Jose Alberto Cabranes, Julio Fuentes and Sonia Sotomayor.

As Bush was considering his choice to replace O'Connor, he interviewed Edith B. Clement, a judge on the U.S. Court of Appeals for the 5th Circuit, based in New Orleans, and she was touted for a time as the front-runner.

Also reportedly considered strongly for the O'Connor vacancy was J. Michael Luttig, a conservative judge on the U.S. Court of Appeals for the 4th Circuit, based in Richmond, Va.

Another possibility making the rounds today involved asking O'Connor to stay on the court and elevating her to chief justice, at least temporarily.

"I think it would be a great idea for President Bush to ask Justice O'Connor to stay on as chief justice for, say, a year," Sen. Schumer said on ABC. "She is respected by all sides. At a time when the nation needs unity and stability more than ever, she would bring it, and it would be a breathtaking choice. And then we could proceed with the nomination of Judge Roberts for associate judge." He said such a move "would be a huge, huge step to unity in this country, particularly on the judiciary, which has been such a divisive issue."

Hatch demurred, saying it was "not that Justice O'Connor wouldn't be a great choice," but that her husband is seriously ill. "And that's one reason why she's leaving the bench, and I don't think the president should call on her to do that," Hatch said. O'Connor's husband, John Jay O'Connor III, reportedly suffers from Alzheimer's disease.

"On the other hand," Hatch said, Bush "has to make these decisions. And the longer he waits, the more difficult it's going to be to get anybody through. And so it's better to face the music now, make the determinations that have to be made."