Trying To Maintain Rationality

Monday, September 05, 2005

Roberts Nominated For 17th Chief Justice

Not much of a surprise; Rehnquist's death opened up the possibility and the Chief Justice position is more often than not filled by someone w/o any SCOTUS experience.

One thing that I had forgotten about is the fact that "The Constitution stipulates that the Chief Justice shall preside when the Senate tries an impeachment of the President of the United States" [Article I, Section 3, Clause 6].

Hmmm... Mister Bush is looking ahead, is he not? According to this American Bar Association document, "The Presiding Officer makes initial rulings on motions and objections, but these judgments may be reviewed by the Senate and reversed by a simple majority."

*Scenario 1*

Let's pretend for a moment that it's late 2006, the House votes through articles of impeachment and it goes to the Senate -- which will likely still have at least 51 (R)s -- for trial. Barring an (R) actually deviating from his/her party line, any initial ruling on motions and objections will stand -- these are GWB's pals, underlings, and sycophants we're talking about here. I can hardly imagine all the objections to evidence and potential testimony; I can easily imagine Roberts sustaining objections up the wazoo.

*Scenario 2*

Maybe the Bush camp wants this Roberts thing to drag out and sees an incredibly lengthy set of Roberts confirmation hearings as nothing more than a win-win scenario; if he's eventually approved, they win... if he's not approved, think of this:

Let's still take everything from Scenario 1 above, but this time think of a case where no Chief Justice sits, i.e. Roberts' nomination is either (1) still being held up in the Senate, or that (2) Roberts not confirmed, no other potential SCOTUS justice nominated/confirmed by this time, and no Associate Justice raised to Chief Justice.

Who presides over a presidential impeachment in this case? The Vice President.

That's right: Dick Cheney.


  • Good points. I think Cheney is already impeachment insurance for Bush. I really agree with you that Roberts would be Bush's best friend at an impeachment trial and they are certainly looking a step ahead.

    By Anonymous M Q A, at Monday, September 05, 2005 4:45:00 PM  

  • I was hoping I didn't sound conspiratorial... even though the entire GOP seems to operate en concerto.

    By Blogger EconAtheist, at Monday, September 05, 2005 5:01:00 PM  

  • Once again it's a win-win situation for the idiot.
    No, Econ, you didn't sound conspiratorial. But I think Bush is working on a conspiracy.

    By Blogger Grandpa Eddie, at Monday, September 05, 2005 5:29:00 PM  

  • If a Bush impeachment should get to the Senate, that means the House Republicans have already turned on him, so I don't know how adversarial the Senate would be. If it was even close, Bush, ala Nixon, would resign IMO.

    Roberts, if he was already the confirmed Chief Justice, would already have his stake - for life. He can do any damn near anything he wants. Plus, that will be an incredibly hot spotlight. So, maybe he'll be a friend, maybe not. It will really be a party consideration at that point if Bush is spoiled goods.

    IMO Chaney will be out of the administration before Bush. The Plame investigation goes straight to his office. For Chaney, getting out is easy - he just dies. Bad hearts don't take stress well. And it may happen as a coldly calculated move to let Bush appoint someone else, who can then pardon him.

    Lotsa weasel tracks for the speculators. And they have acted en concerto to this point, but if charges start flying, those liabilities will make many of the rats flee.

    By Anonymous walkshills, at Monday, September 05, 2005 8:16:00 PM  

  • Just wanted to give you the head's up that I am linking to and using your post for this news story in it's entirety (w/ full credit of course).
    The thought of Roberts being confirmed has given me enough misgivings, but the scenario that your post details goes beyond the pale.
    I owe it to my toddler daughter to fight these freaks every step of the way.
    I came across your blog via Grandpa Eddie... thanks for letting me find Econ, Grandpa.
    Come visit me at Fuzzy and Blue.

    By Blogger Tina, at Monday, September 05, 2005 8:30:00 PM  

  • You are quit welcome, Tina.

    By Blogger Grandpa Eddie, at Tuesday, September 06, 2005 8:16:00 PM  

  • Groovy, Tina. Thanks, oldtimer. ;)


    I'll check out Fuzzy and Blue.

    By Blogger EconAtheist, at Friday, September 09, 2005 12:08:00 AM  

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