Or, as David Bernstein notes at Volokh.com, "William Rehnquist has passed away".

I understand that O'Connor dated Rehnquist when they were students together at Stanford Law School. He graduated first in his class (ahead of O'Connor).

Mark D. Fulwiler - 9/5/2005

Nominating Roberts for CJ is politically savvy (he will be easily confirmed and could be Chief Justice for 30-40 years), and it avoids a vacancy on the court come October since SJO has agreed to stay on until her replacement is confirmed. Plus the Roberts nomination avoids the 3rd confirmation hearing that would have been needed if Bush had tried to elevate a current member of the court to CJ.

Steven Horwitz - 9/5/2005

Stupid and wrong, it seems. Roberts will be (re)nominated for CJ.

Mark D. Fulwiler - 9/4/2005

Steven: Are you crazy? Thomas would have to go through another confirmation hearing. After the Anita Hill thing, there is no way this will happen. No way whatever.

Steven Horwitz - 9/4/2005

I wouldn't be surprised if he elevates Thomas to CJ. Not only is he experienced and young, it would also be a gesture toward the African-American population who rightly feels mistreated by the handling of the Katrina aftermath.