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Monday, Jan. 13
The Indiana Daily Student

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Roberts becomes 17th chief justice

Senate confirms 78-22; 2nd nominee to come within days

WASHINGTON -- John G. Roberts Jr., a conservative protégé of the late William H. Rehnquist, succeeded him Thursday and became the nation's youngest chief justice in two centuries, winning support from more than three-fourths of the Senate after promising he would be no ideologue.\nRoberts, at 50, becomes the 17th chief justice, presiding over a Supreme Court that seems as divided as the nation over abortion and other tumultuous social issues. The court opens a new term on Monday.\n"The Senate has confirmed a man with an astute mind and kind heart," President Bush said just before Roberts was sworn in by acting Chief Justice John Paul Stevens. "All Americans can be confident that the 17th chief justice of the United States will be prudent in exercising judicial power, firm in defending judicial independence and above all a faithful guardian of the Constitution."\nBush is expected to make his second Supreme Court nomination within days, one that conservatives hope will move the court to the right. Replacing Rehnquist with Roberts keeps the court's current balance, but replacing the moderate Justice Sandra Day O'Connor with a conservative could tilt it rightward.\nRoberts called the Senate's 78--22 bipartisan vote for him "confirmation of what is for me a bedrock principle, that judging is different from politics." All of the Senate's 55 Republicans, independent James Jeffords of Vermont and half of the 44 Democrats supported him.\nHe said he would try to "pass on to my children's generation a charter of self-government as strong and as vibrant as the one that Chief Justice Rehnquist passed on to us."\n"What Daniel Webster termed the miracle of our Constitution is not something that happens in every generation, but every generation in its turn must accept the responsibility of supporting and defending the Constitution and bearing true faith and allegiance to it," Roberts said.\nA crowd including seven of the eight sitting justices, Roberts' parents, Rosemary and John Sr., children John and Josephine, Senate supporters and White House well-wishers erupted stood and applauded as Roberts kissed his wife and shook Stevens' hand. The audience also included Attorney General Alberto Gonzales and White House counsel Harriet Miers, both of whom have been mentioned as candidates for O'Connor's seat.\nRoberts took a separate judicial oath during a private White House ceremony attended by the other justices. A formal Supreme Court ceremony was scheduled for Monday, before the opening of the term.

O'Connor, a moderate voice on the Supreme Court and one of only two women, is leaving after 24 years. It is the first time in 34 years that a president has had simultaneous high court openings.\nThe president originally named Roberts to succeed O'Connor in July. Rehnquist's death led to the switch to Roberts for the chief justice on Sept. 6. O'Connor remains on the court until the president selects a replacement and that person is confirmed by the Republican-controlled Senate.

The only justice not at the White House was Antonin Scalia. He had a previous engagement that could not be broken, a court spokeswoman said. According the Federalist Society Web site, he was leading a two-day seminar on the separation of powers in Avon, Colo.\nBefore becoming a federal appeals court judge, he was one of the nation's best appellate lawyers, arguing 39 cases -- many in front of the same eight justices he will now lead as chief. He won 25 of those cases.\nUnder Roberts, the court will tackle such issues as assisted suicide, campaign finance law and abortion this year, with questions about religion, same-sex marriage, the government's war on terrorism and human cloning looming in the future.\nSaid Senate Majority Leader Bill Frist, R-Tenn: "For many years to come, long after many of us have left public service, the Roberts court will be deliberating on some of the most difficult and fundamental questions of U.S. law"

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