Um, a pretty clear line of precedent, statute, and any reasonable understanding of the first amendment, which is primarily disfavored by the religious right and those who don't understand the law themselves.
In addition, NixonNow, the president appoints an associate justice to replace the vacancy caused by the new Chief Justice's elevation. That's how Antonin Scalia got on the Court.
Precedent does not equal law. The constitution does not say "seperation of church and state" and to say that's what the founders meant is crazy. Colonial and early American documents are filled with the terms of "God" and "Divine Providence". What the amendment is talking about is that the government will not have a state run religion like the Church
of England. It does not mean the state can't financially support religion(s). No where does it say its unconstitutional to have a 10 commandments monument either. BTW, Polk County Courthouse has a monument to the 10 commandments and no one has challenged it!