By naming Supreme Court nominee John Roberts to succeed William Rehnquist as chief justice, President Bush is seeking to avoid a Senate showdown that might have left the nation's highest court short-handed and embroiled in controversy with a new term fast approaching.

Instead, the move maintains the rough balance of power that existed on the high court prior to the chief justice's death on Saturday. It does so by requiring Justice Sandra Day O'Connor to continue to serve on the court until a new nominee to her seat is named and confirmed. What remains unclear, given Mr. Roberts's sparse judicial record, is how a Chief Justice Roberts might compare to Chief Justice Rehnquist. Will Roberts embrace the same conservative constitutional approach as Rehnquist?

"It's too early to tell. Some people believe that Roberts may be similar to Rehnquist in his jurisprudence, although that's not at all clear yet," says Carl Tobias, a constitutional law professor at the University of Richmond Law School.

Should Roberts win Senate confirmation, court watchers will learn the answer soon enough with a lineup of hot-button cases on the court's docket this fall - including assisted suicide on Oct. 5, abortion on Nov. 30, and gay rights on Dec. 6.

The real impact of Rehnquist's sudden passing is that instead of replacing Justice O'Connor, a centrist, with Roberts, who is presumed to be more conservative, the president is now replacing Rehnquist, a conservative, with a prospective chief justice who is to some extent an unknown quantity. The result is likely to be that O'Connor continues to wield her decisive tie-breaking vote in high-profile cases.

Legal analysts and court scholars say the president had few other options.

"To have a Supreme Court open just four weeks from now, the first Monday in October, with only seven people and no chief justice would be unprecedented, and I don't see that happening," says Sheldon Goldman, a political scientist at the University of Massachusetts at Amherst.

Although O'Connor's continued presence on the high court is a welcome development to Democrats, most fear that it will be short-lived. The president is expected to move quickly to appoint an O'Connor replacement who could shift the court significantly to the right.

In the meantime, Democrats say that Roberts's elevation to chief makes his nomination even more controversial and substantially raises the stakes. In anticipation of his confirmation hearings, Democrats are ramping up to use Roberts's record on civil rights and affirmative action as a main point of attack.

"The chief justice is the most important judge in the country, with even more responsibility for the protection of the rights and freedoms of all Americans. Thus, John Roberts bears a heavier burden when he comes before the Senate," says Sen. Edward Kennedy (D) of Massachusetts.

Republicans are praising the White House choice of Roberts as chief justice, noting that he has the necessary leadership skills to guide the high court. Some suggest his service on the court will mirror that of Rehnquist's.

"Throughout his years on the nation's high court, Chief Justice Rehnquist stood as a beacon of judicial restraint and reverence for the Constitution and the institution of the Supreme Court. I believe Judge Roberts will follow the lead of his mentor, and guide our nation's highest court by those same principles and devotion to the rule of law for all," says Sen. John Cornyn (R) Texas.

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