Legal analysts say Scalia likely courting top judicial spot

? It was Justice Antonin Scalia’s standard speech. He bemoaned the Supreme Court’s growing political role in cases such as abortion, then joked about how Democrats are wary of a “Chief Justice Scalia” in a second Bush term.

But in an appearance one week after President Bush’s re-election, Scalia elicited a particularly hearty roar and ovation from a conservative Federalist Society crowd with his kicker.

“Please,” a clearly pleased Scalia said. “It was supposed to be funny!”

With Chief Justice William Rehnquist ailing with cancer, the irascible Scalia is doing nothing to discourage talk that he would like to be Bush’s pick if Rehnquist steps aside this year.

Scalia’s ascension is considered a long shot because the staunchly conservative justice would prompt a firestorm of opposition from Democrats, abortion rights supporters and others groups. Nonetheless, Scalia seems to be relishing, if not subtly encouraging, the speculation.

“We all know the story: If you’re not seen, you’re not likely to be considered or heard,” said Douglas Kmiec, a former legal counsel in the Reagan and first Bush administrations. “A chief justiceship is clearly an opportunity for him to lead a court with new recruits.”

Scalia has been active on the Washington social scene in recent weeks, hamming it up with the political crowd. Some court observers say this may be an effort to counter White House concerns that the brusque Scalia is ill-suited for a job demanding consensus.

As a group, the nine justices are serving their 11th term together, a modern record. With Clarence Thomas the only justice younger than 65, many people think Bush could have the opportunity to appoint several justices.

During the presidential campaign, Bush cited Scalia, 68, and Thomas as justices he admired. Thomas privately has made it clear that he is not interested in becoming chief justice.