By DEB RIECHMANN
Associated Press Writer
WASHINGTON (AP) -- Among President Bush's options for filling the Supreme Court vacancy left by the death of Chief Justice William H. Rehnquist is renominating John Roberts for the top chair.
Bush picked Roberts to replace retiring Justice Sandra Day O'Connor, but with a little paper shuffling, he could withdraw that nomination and resubmit Roberts' name to fill Rehnquist's seat instead.
While that is only one of the president's choices, some legal experts who talk regularly with the White House say Bush might do just that. They say naming Roberts for chief justice might be the only way to ensure all nine seats on the court are filled when it begins its next term Oct. 3.
"Renominating Roberts (as chief justice) is among the most likeliest scenarios," said Brad Berenson, a White House lawyer during Bush's first term and a former Supreme Court clerk. "There is one and only one way that the court can start the new term in October with a chief justice in place and all nine seats filled and that is if the president switches Roberts over to be the nominee for chief."
The president might want to move quickly to avoid having the court begin a new term with only eight justices. That could result in 4-4 ties on controversial cases.
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