WASHINGTON — With the city of New Orleans lying in ruins and the body of the chief justice of the United States lying in repose, senators on Capitol Hill have agreed to postpone the confirmation hearings of chief justice nominee Judge John Roberts, Jr.

"The Senate and the nation are united in mourning the loss of Chief Justice William Rehnquist, or as he was affectionately known, 'The Chief,'" Senate Majority Leader Bill Frist said Tuesday morning at a press conference, where he was joined by top-ranking senators.

Rehnquist's funeral is Wednesday at 2 p.m. at St. Matthews Cathedral. Until then, his body will lie in repose at the Supreme Court.

Roberts was to face the Senate Judiciary Committee today, but hearings are now set for Monday, Sept. 12, 2005, at noon.

Story continues

advertisement

Sen. Arlen Specter (R-Pa.), chairman of Judiciary Committee, announced the postponement, saying the mayor of flood-ravaged New Orleans asked the committee to delay the hearings so Congress could focus on the needs of those affected by Hurricane Katrina.

"And then events overtook us with the passing of the chief justice," Specter said. "And then events overtook us again," with Judge Roberts' elevated nomination to chief justice.

Sen. Patrick Leahy (D-Vt.), the ranking Democrat on the committee, agreed that it would have been "unseemly" to hold hearings on Rehnquist's successor while he was still being mourned.

President Bush now has the chance to place two justices on the nation's highest court.

He originally chose Roberts to replace Associate Justice Sandra Day O'Connor, who is set to retire after 24 years on the Supreme Court.

Bush elevated Roberts' nomination to that of chief justice Monday, less than 36 hours after Rehnquist succumbed to his battle with thyroid cancer.

Roberts said he was humbled and honored.

"I am very much aware that if I am confirmed, I would succeed a man I deeply respect and admire, a man who has been very kind to me for 25 years," Roberts said of Rehnquist.

Roberts, a judge on the U.S. Court of Appeals for the District of Columbia circuit since 2003, clerked for then-Associate Justice Rehnquist a year after graduating summa cum laude from Harvard Law School in 1979.

In public service and in private practice, Roberts has argued cases before the Supreme Court 39 times, sometimes on both sides of highly controversial issues, including racial preferences, the environment and prisoners' rights.

Roberts was considered by most to be a strong and certain replacement for O'Connor. Now that he has been nominated for Rehnquist's spot, he will face tougher questions from the 18-member Judiciary Committee.

In addition to questions about his judicial philosophies, Roberts likely will be asked about his views on affirmative action, separation of church and state, the environment, states' rights versus federal power, executive privilege — and, most certainly, abortion.

As Principal Deputy Solicitor General under President George H.W. Bush, Roberts co-wrote briefs in two controversial Supreme Court cases, arguing that Roe v. Wade was wrongly decided and should be overturned.

Specter told reporters Tuesday that committee members have been provided with "an extensive paper trail" on the nominee, including more than 72,000 pages of documents, memos and briefs. Some leading Democrats, however, have complained about the White House's refusal to release select case files from his work and correspondence as Deputy Solicitor General.

Those internal documents, White House counsel contends, are not up for scrutiny and are covered by the deliberative process privilege and the attorney-client privilege.

"Given the even greater importance of this new position, we hope the White House will reconsider its refusal to release relevant and important documents that will shed light on what kind of Chief Justice Judge Roberts would become," Sen. Charles Schumer (D-N.Y.) said today in a statement.

If confirmed as the 17^th Chief Justice of the United States, the 50-year-old Roberts could lead the Supreme Court for the next 25 to 40 years.

This is the first hearing for a Supreme Court nominee in 11 years. The most recent was for Justice Stephen Breyer, a Clinton nominee who was confirmed by a vote of 87-9 in 1994.