I think Bush's nomination for O'Connor may shed some light on that question, but I think the answer is "probably not."
Roberts was the intended "most confirmable candidate, to be nominated at the first vacancy in the court" candidate, and maybe Bush expected the vacancy to be Rehnquist, but I don't think it mattered much. If Rehnquist had lived for another 2 months, I think Bush would have stuck with Roberts as an associate justice and then nominated another outsider for Chief...
I think Bush's nomination for O'Connor may shed some light on that question, but I think the answer is "probably not."
ReplyDeleteRoberts was the intended "most confirmable candidate, to be nominated at the first vacancy in the court" candidate, and maybe Bush expected the vacancy to be Rehnquist, but I don't think it mattered much. If Rehnquist had lived for another 2 months, I think Bush would have stuck with Roberts as an associate justice and then nominated another outsider for Chief...