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The funeral of the late Chief Justice William H. Rehnquist will temporarily postpone the confirmation hearings on John Roberts which were scheduled to begin today. Instead, the Senate will begin proceedings this coming Monday to allow time for Rehnquist's funeral and mourning.
Roberts, who clerked under the late chief justice, was a pall bearer today as he helped carry Rehnquist's casket to the Supreme Court for public viewing.
According to Senate Judiciary Committee Chairman Arlen Specter (R-Penn.), opening statements on Roberts' nomination will begin at noon on Monday. Later Monday afternoon, Roberts will be introduced by Indiana Senators Richard Lugar and Evan Bayh, and Virginia Senator John Warner. Roberts himself will then make his opening statement late Monday afternoon.
Senate Majority Leader Bill Frist expected that hearings on Roberts' nomination would conclude by September 22 and a vote would be held Monday, September 26. That would allow Roberts to preside as the new Chief Justice when the new court session begins on October 3 if he is confirmed by the Senate.
Predictably, Republicans are saying that the fact that Mr. Roberts will now become chief justice if confirmed should not change the voting procedure.
'The fact that he's now been elevated to chief justice shouldn't slow us down at all,' claims Senator John Cornyn (R-Texas), a member of the Judiciary Committee.
Democrats predictably do not agree. 'Before the Senate acts on John Roberts' new nomination, we should know even more about his record, and we should know whom the president intends to propose to nominate as a replacement for Sandra Day O'Connor,' said Senator Edward M. Kennedy (D-Mass.).
It remains to be seen how strongly Democrats will oppose the president's choice of Roberts. As of now, most analysts expect Roberts to be confirmed relatively easily.
Brad Kurtzberg
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