WASHINGTON -- The Senate overwhelmingly confirmed Judge John G. Roberts Jr. as chief justice of the United States this morning by a vote of 78-22 with little suspense or fanfare, delivering a much-needed victory for President George W. Bush.
In a colorful and cheerful ceremony in the East Room of the White House just a few hours after that vote, Roberts, 50, was sworn into office on a family Bible held by his wife Jane by the Supreme Court's senior justice, John Paul Stevens.
After much agonizing and under heavy criticism from Democratic interest groups, 22 of the Senate's 44 Democrats joined the chamber's 55 Republicans in voting for Roberts, who currently serves on the U.S. Court of Appeals for the Washington, D.C. Circuit. The lone Independent, Jim Jeffords of Vermont, voted for Roberts.
Pennsylvania's two Republican senators, Judiciary Committee Chairman Arlen Specter and Rick Santorum, voted to send Roberts to the Supreme Court.
The Democrats who approved the Roberts nomination included the Judiciary Committee's ranking member, Patrick J. Leahy of Vermont, and even some left-leaning senators, such as Russ Feingold of Wisconsin, Patty Murray of Washington and Ron Wyden of Oregon.
Many Democrats said they had determined during Roberts' testimony that he would not be an ideologue in the mold of Justices Antonin Scalia and Clarence Thomas, sentiments summed up by Leahy.
The fact that Roberts was replacing former Chief Justice William H. Rehnquist and not the Supreme Court's perennial swing vote, retiring Justice Sandra Day O'Connor, weighed in Roberts' favor.
"I take him at his word that he does not have an ideological agenda and that he will 'be his own man' as chief justice," Leahy said today. "I take him at his word that he will steer the court so it will serve as an appropriate check on potential abuses of presidential power -- today, and tomorrow. I hope that he will, and I trust that he will."
President Bush is expected to name a nominee to replace O'Connor as early as tomorrow.
The easy confirmation of Roberts was a welcome respite for the Bush administration after several weeks of criticism over its handling of the aftermath of Hurricane Katrina, declining support for the continuing war in Iraq, and, just yesterday, the indictment of House Majority Leader Tom DeLay, R-Texas, a close ally of the president.
Clearly delighted at the smooth process that ushered in the 17th chief justice for as long as he wants to serve, Bush, at this afternoon's White House ceremony, said it was a historic event. He witnessed the swearing-in in front of an audience that included the other justices, Mrs. Thurgood Marshall and Mrs. Potter Stewart, widows of former justices, Roberts' parents, his two sisters and his young children, Josie and Jack.
As Jack squirmed around to watch the phalanx of TV camera crews and photographers, some of whom he has come to recognize in the 10 weeks since his father was nominated, Bush fixed the boy with a grin. "Jack, a fellow who's comfortable with the cameras," Bush cracked, a reference to Jack's impromptu dancing during the announcement of his nomination.
Bush called Roberts "a man with an astute mind and a kind heart." Roberts seemed momentarily emotional when Bush noted that his former mentor, William Rehnquist, who died this month, had been sworn in as chief justice 19 years ago in the same room as former President Reagan watched.
Bush said, "The nomination power is one of the most serious responsibilities of a president. When a president chooses a Supreme Court justice, he is placing in human hands the full authority and majesty of the law."
If there was any down note to the ceremony, it was a brief suggestion by Bush that the Supreme Court is not what he thinks it should be and needs a "renewal." He said, "In welcoming an exceptional new leader as chief justice, we also honor the Supreme Court itself, and we mark a day of renewal for one of the noblest institution in our land."
He acknowledged the "courtesy and fairmindedness" he said senators of both parties showed Roberts and the "civility" of the process. But of 13 senators at the swearing in, only one was a Democrat, Leahy of the Judiciary Committee.
After being sworn in, Roberts first thanked Stevens, who will sit at his right side when the court officially convenes on Monday. He noted Stevens in December will mark 30 years on the high bench.
Robert said, "The executive and the legislature have carried out their constitutional responsibilities and ensured the succession of authority and responsibility in the judicial branch. What Daniel Webster termed 'the miracle of our Constitution' is not something that happens 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.
"That is the oath that I just took. I will try to ensure, in the discharge of my responsibilities, that, with the help of my colleagues, I can 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."
Roberts went to the White House late this morning to watch the vote on television in the Roosevelt Room with about 25 White House staffers and former senator Fred Thompson, who had escorted him around Capitol Hill and advised him on the confirmation process. Bush went in halfway through the vote, and when the count went over 50 votes for Roberts, the group in the Roosevelt Room started to applaud. White House spokesman Scott McClellan said, "Someone reminded them that the gavel hadn't gone down yet and that it wasn't official. Everybody broke out in a little bit of laughter at the moment there."
After the result was clear, Bush shook hands with Roberts and invited him and Thompson into the Oval Office. Roberts, his wife, Bush and Laura Bush ate lunch together.
As guests sampled hors d'oeuvres after Roberts was sworn in, much of the conversation already was on whom Bush will nominate to replace O'Connor, who gave notice in July she is retiring. Some White House officials have indicated that the nomination will come quickly, and Bush's comments about "diversity" have led to widespread speculation that the nominee will be a Hispanic or a woman. Of eight justices, one is a woman, one is an African American and six are white men.
More details in tomorrow's Pittsburgh Post-Gazette.
