Roberts is safest choice for Bush

WASHINGTON — President Bush chose the path of least resistance in nominating John Roberts as chief justice, acting with unusual haste as the war in Iraq and Hurricane Katrina sap his political strength.

He was the safest choice Bush could make.

Roberts is a Washington insider well versed in the functions of the Supreme Court and the levers of power in Congress, an accomplished lawyer whose smile and sterling resume seem to take the sharp edges off his deeply conservative ideology.

Liberal activists who opposed Roberts' nomination to replace retiring Justice Sandra Day O'Connor had found little in his record to suggest they could thwart that nomination.

He will draw less partisan fire than two other candidates pushed by Bush's conservative backers to succeed the late William H. Rehnquist — associate Justices Clarence Thomas and Antonin Scalia.

While Roberts' confirmation still seems likely, he may face a tougher road to confirmation because the position of chief justice will be held to a higher standard. Bush's weakening political standing could complicate things for Roberts, according to strategists in both parties.

Republican and Democratic strategists also agree that Bush will come under intense pressure now to name a woman or minority to replace O'Connor. It's no small factor that flooding in New Orleans hit poor, black residents the hardest, raising questions about Bush's sensitivity to minorities and the poor.

"When Roberts' record on civil rights is reviewed inside the Judiciary Committee, it's going to sound more jarring post-Katrina than before the hurricane," said Democratic consultant Jenny Backus. "America was reminded about the big issue out there that has not been openly addressed by the administration — economic disparity based on race."

Bush may also be boxed in ideologically — less inclined to nominate somebody as conservative or to the right of Roberts. But officials close to the White House predicted the president would pick a conservative in the mold of Roberts.

"The fight is over the next one," said Democratic consultant Nick Baldick. "Roberts is taking the Rehnquist voting slot, and no one worried about him being much more conservative than Rehnquist."

Privately, several Republicans predicted Monday that Bush's political stature will continue to decline as the Gulf Coast death toll mounts. That may make Roberts an easier target.