If I were Bush and his cronys, I'd have pushed Scalia as Head Justice and had Mr. Roberts as an associate justice. The reason is simple: Scalia is tested, Roberts is not.
Let's not forget: While Mr. Roberts has spent much time in the Supreme Court, it was mostly lawyer or support for Scalia. He didn't have to consider the other side or why it was wrong; just his side. Now, as Supreme Court Judge, he'll have to listen to both sides AND to consider the full intent of the
Not only that, but he's still relatively untested. Scalia has spent years in the Supreme Court, his fidelity to his beliefs over the years is well known. What happens if Roberts drifts to the
Remember, he's going to be the head Justice for a long time. This is not a place to gamble, and Bush is gambling greatly (not that he hasn't before; he's done much worse and with much greater glee) Better to let him learn the ropes and find out where his heart leads him.