Bush Said To Be Considering Clarence Thomas For Chief Justice

By Doug Patton
Talon News
November 8, 2004

President George W. Bush is giving serious consideration to elevating Associate Justice Clarence Thomas to the position of chief justice of the United States Supreme Court, a White House source revealed.

Thomas was appointed by Mr. Bush's father in 1991 and is said to be the president's first choice to replace Chief Justice William Rehnquist, who is battling thyroid cancer and is expected to be the first of several aging justices to announce his retirement.

According to Internet reporter Matt Drudge, a top White House source says that several options currently are under consideration, but that Thomas is the president's personal favorite.

That news seems to contradict the president's previous statements. When asked during the 2000 presidential campaign what sort of person he would appoint to the High Court if he became president, then-Gov. Bush said that his "ideal" justice was Antonin Scalia, thus leading many to believe Scalia would be Mr. Bush's first choice to become chief justice.

The retirement of Rehnquist would create a vacancy on the court. The appointment of chief justice must be a separate nomination requiring Senate approval, even if the nominee is currently a member of the Court.

The nomination of Thomas, who is black, would be historic, since he would be the first minority to be nominated to serve as chief justice. Thomas and former Associate Justice Thurgood Marshall, are the only African-Americans ever to serve on the court. Marshall was appointed by President Lyndon Johnson in the 1960s.

The White House is said to believe that the need to replace Rehnquist could arise by the end of the year.

Officially, Bush advisors tell Drudge that any talk of a Supreme Court vacancy is "premature."