Funeral plans made for chief justice

The president said he plans to move quickly to replace Rehnquist, who died Saturday night after a long fight with cancer.

Meanwhile, senators were moving toward honoring the late chief justice by not holding a confirmation hearing for John Roberts, Bush’s nominee to replace retiring Justice Sandra Day O’Connor on the Supreme Court, on Wednesday — the day of Rehnquist’s funeral and burial — said two congressional sources who spoke on condition of anonymity.

By late Sunday, senators had not decided whether to start Roberts’ hearing by the Judiciary Committee on Tuesday or wait until Thursday — although Tuesday seemed to be preferred, said the sources, one Republican and one Democrat.

“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 in a televised speech from the White House on Sunday. “I will choose in a timely manner a highly qualified nominee to succeed Chief Justice Rehnquist.”

It is the first time since 1971 that there have been two vacancies on the Supreme Court at roughly the same time.

But while the president and the Senate consider timing and nominees, others remembered Rehnquist through the flying of flags at half-staff and flowers left on the steps of the Supreme Court building.

Rehnquist, 80 at his death, served on the Supreme Court for 33 years and was its leader for 19 years.

Rehnquist, a World War II Army Air Corps veteran, will be buried in a private ceremony at Arlington National Cemetery alongside his wife, who died in 1991, following a funeral that morning at St. Matthew’s Cathedral in Washington.

His body will lie in repose in the marble Great Hall of the Supreme Court building on Tuesday and on Wednesday morning with the public invited to pay its respects.

Five members of the court have lain in repose there: Chief Justices Earl Warren and Warren Burger, and Justices Thurgood Marshall, William Brennan and Harry Blackmun.

While some Democrats called for a delay in Roberts’ confirmation hearing, the nominee appears likely to be confirmed to replace O’Connor, with no Democrat having yet announced public opposition to his candidacy.

Liberals likely will reserve their fire for Bush’s pick to lead the Supreme Court. White House insiders declined to give details about when Bush might make his second nomination, or how he is making that choice.

Bush is not tipping his hand, but he has several options.

He could elevate a sitting associate justice — perhaps Clarence Thomas or Antonin Scalia — to the lead chair, or he could tap a new person, possibly a woman or minority, as chief justice .

Bush also could withdraw Roberts’ nomination to replace O’Connor, and nominate him to replace Rehnquist as chief justice.

“Renominating Roberts (as chief justice) is among the most likely scenarios,” said Brad Berenson, a White House lawyer during Bush’s first term and a former Supreme Court clerk.

O’Connor has said she would stay on the court until her replacement is confirmed.

Some legal conservatives, however, argue that it would be in Bush’s best interest to replace O’Connor with Roberts so she can retire from the court. They worry about O’Connor’s voting record because she has opposed modest regulations on abortion and has been against expression of religion in the public square.

Justice John Paul Stevens, the court’s senior justice, will fill the administrative role of chief justice until a new one is confirmed. However, he will not sit in Rehnquist’s chair when the new term begins. It will be draped in black if a new chief justice has not been confirmed.

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On the Net:

Supreme Court: http://www.supremecourtus.gov/

White House: http://www.whitehouse.gov

Senate Judiciary Committee: http://judiciary.senate.gov