William Rehnquist has died. As chief justice he was able somehow to coax some harmony from the "nine scorpions in a bottle." That leadership quality is likely to be just as immportant as ideological leaning in his replacement as chief justice. Putting John Roberts on the bench is the appointment that changes the court's philosophical alignment -- the "moderate," swing-voting Sandra Day O'Connor replaced with someone who at least appears to be a committed conservative. The only way Rehnquist's replacement on the bench can change the court's ideology is if Bush chooses someone less conservative, not likely. All of this suggests that President Bush might not name Antonin Scalia chief justice, as many have speculated, and might either name Roberts to that job (who seems more able than Scalia to play well with others) or give it to whomever he selects to replace Rehnquist. Since the elevation of someone to chief justice also requires confirmation by the Senate, choosing someone not already on the court as chief justice would at least give Bush one less confirmation battle to wage.
