Enlarge imageBy Tabassum Zakaria
WASHINGTON (Reuters) - President George W. Bush on Sunday said the death of Chief Justice William Rehnquist was a "great loss" of a powerful intellect, and pledged to move quickly to nominate a successor to the U.S. Supreme Court.
"There are now two vacancies on the Supreme Court and it will serve the best interests of the nation to fill those vacancies promptly," Bush said. "I will choose in a timely manner a highly qualified nominee to succeed Chief Justice Rehnquist."
Rehnquist died on Saturday from thyroid cancer, leaving a rare two openings on the high court and giving Bush the chance to move it to the right for decades to come. Bush’s choice must be confirmed by the U.S. Senate and will be subject to intense political scrutiny given the enormous power the court wields at the top of the judicial branch of the U.S. government.
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Rehnquist’s body will lie in repose at the Supreme Court this week before he is buried at Arlington National Cemetery, a court spokeswoman said. Funeral services are scheduled for Wednesday afternoon at St. Matthew’s Cathedral in Washington.
Rehnquist died a month before the court was to open its new session, and only days before the U.S. Senate was to begin hearings on appeals court Judge John Roberts, whom Bush chose in July to replace retiring Justice Sandra Day O’Connor.
Bush praised the career of Rehnquist, a conservative justice who pushed the closely divided nine-member court to the right in his more than 30 years on the bench.
"I was honoured and I was deeply touched when he came to the Capitol for the swearing-in last January," Bush said of the ailing chief justice’s appearance at his second inauguration.
"He was a man of character and dedication. His departure represents a great loss for the court and for our country."
Flags flew at half-staff over the White House and other government buildings in Washington on Sunday to honour Rehnquist.
For Bush, the second opening is an opportunity to reshape the court, which has not had two openings since 1971. Rehnquist had been battling cancer for nearly a year and the White House had been preparing to name his replacement before O’Connor’s surprise announcement she was stepping down.
Rehnquist carved out a record as one of the most conservative jurists in U.S. history on the court closely divided on such contentious issues as abortion, the death penalty and separation of church and state. The Supreme Court’s decisions on constitutional issues are final.
ANOTHER CONSERVATIVE
Bush is expected to replace Rehnquist with an equally conservative justice, and administration officials have talked about the possibility he might nominate Roberts as chief justice.
Democrats lauded Rehnquist, but said Bush should choose a successor with care because of the long-term impact on laws.
"He had a profound impact on the laws of our nation and will be remembered as one of the most influential chief justices," said Senator Dianne Feinstein, a California Democrat.
She hoped Bush would nominate "a person without bias, with a deep respect for the law, for the Constitution, and for the rights of all Americans."
Bush could return to the list of about a dozen candidates he considered before selecting Roberts. Potential nominees include his longtime friend, U.S. Attorney General Alberto Gonzales, and appeals court Judges J. Michael Luttig, Michael McConnell, and J. Harvie Wilkinson, whom Bush interviewed before nominating Roberts.
Bush faced some criticism for picking Roberts over a woman or a minority candidate, and there was speculation he might opt for a conservative woman such as Edith Brown Clement or Edith Jones, both federal appeals court judges from New Orleans.
Rehnquist was named to the court by President Richard Nixon and served for nearly 15 years before President Ronald Reagan elevated him in 1986 to be the 16th chief justice.
He presided over President Bill Clinton’s historic impeachment trial before the Senate in 1999 and joined the high court’s conservative majority ruling in 2000 to stop ballot recounts in Florida, effectively giving the presidency to Bush over Democrat Al Gore.
(Additional reporting by Steve Holland and James Vicini)
