Let this sink in: Had William Rehnquist lived another month or two, Alito might be the Chief Justice

[Polybius]

As most of you know, when Sandra Day O'Connor announced her retirement in 2005, George W. Bush announced John Roberts as her replacement. Things were going smooth and then Rehnquist suddenly died. Then Bush pulled Roberts as O'Conner's replacement, and decided to have him replace Rehnquist instead. Then Bush nominated Alito to replace O'Conner.

What if Rehnquist had lived just another month or so, after Roberts was sworn in an an Associate Justice? Now, there's no guarantee that Bush would have replaced him with Alito, but this much is certain: Roberts would not be CJ. Perhaps it would have been Michael Luttig. Or maybe even Antonin Scalia. But it would have been someone certainly to the right of Roberts.

[Drunken Irishman]

1. It's possible Bush would have just elevated Roberts to CJ...

And then back filled his spot with Alito.

[Polybius]

2. I doubt it though

Let's say he was on the Court for just two weeks as an Associate Justice. When a President picks a sitting Associate Justice to be his Chief Justice, it's always the darling of the President picking him. This was very much the case with Rehnquist in 1986. Had Bush picked a sitting Justice, it almost certainly would have been Scalia.

[Drunken Irishman]

3. Sure but he had him picked anyway when he moved him over.

[Polybius]

5. But he wasn't sat yet when he moved him over

In my hypothetical situation, he would be just seated as Associate Justice. Someone should ask Bush.

[Miguelito Loveless]

4. Seems to me

that other than presiding over impeachments, the title of "Chief Justice" and a dollar will get you a pack of gum.

[rsdsharp]

6. The Chief assigns opinions if he or she is in the majority.

Other than that and presiding over impeachment trials, the Chief Justice’s duties are mistletoe administrative.