Sept. 29 (Bloomberg) -- John G. Roberts Jr., backed by united Republicans in the U.S. Senate and half the Democrats, won confirmation to be the nation's 17th chief justice and take his place as the first new member of the Supreme Court in 11 years.

The Senate approved Roberts's nomination 78-22, with 22 Democrats and one independent joining 55 Republicans. Roberts, a 50-year-old judge on a federal appeals court in Washington, will be sworn in this afternoon at the White House. He will preside over the high court next week as it convenes its new term.

Today's vote capped a three-month confirmation process that began when President George W. Bush nominated Roberts to succeed retiring Justice Sandra Day O'Connor. Following the death of William H. Rehnquist earlier this month, Bush renominated Roberts to succeed the man who been chief justice for 19 years.

Roberts ``has demonstrated he won't let personal opinions sway his fair-minded approach,'' said Senate Majority Leader Bill Frist. ``He will check political views at the door of the court.''

As for O'Connor's seat, Democrats urged Bush to nominate a moderate to avoid a Senate fight over replacing her. O'Connor has often been the decisive vote on such issues as abortion and affirmative action.

``I urged the president to live up to his original promise to be a uniter, not a divider,'' said Senator Patrick Leahy, a Vermont Democrat who split with his party's leader to vote for Roberts.

Bush has signaled he is close to naming a successor to O'Connor and may act before the week is out to fill the vacancy. O'Connor, the first woman on the Supreme Court, has agreed to stay on until her replacement is confirmed.

Abortion Rights

Democrats who voted for Roberts said Judiciary Committee testimony led them to conclude that he wouldn't overturn the 1973 Supreme Court decision that legalized abortion because he endorsed a right of privacy in the Constitution that underpinned the abortion right ruling. He said the court's abortion decisions were precedents deserving respect.

These lawmakers also pointed to Roberts's statement that ``I'm not an ideologue'' as well as testimony they said indicated he wouldn't join conservative Justices Clarence Thomas and Antonin Scalia in voting to limit the power of Congress.

Roberts's support spanned the Democrats' ideological spectrum, including several senators from states that went Democratic in the 2004 presidential election. They include Carl Levin of Michigan, Christopher Dodd of Connecticut, Patty Murray of Washington, Russ Feingold and Herb Kohl, both of Wisconsin, Tom Carper of Delaware and Joseph Lieberman of Connecticut, who ran for vice president in 2000.

Red State Democrats

Democrats from states that Bush carried in 2004 are prominent among Roberts's supporters. They include Ben Nelson of Nebraska, Bill Nelson of Florida, Ken Salazar of Colorado, Jeff Bingaman of New Mexico, Tim Johnson of South Dakota, and North Dakota's two senators, Kent Conrad and Byron Dorgan.

Other Democrats from so-called red states backing Roberts are Mary Landrieu of Louisiana, Blanche Lincoln and Mark Pryor of Arkansas, Max Baucus of Montana, and Robert Byrd of West Virginia.

Those mentioned as possible successors to O'Connor include PepsiCo Inc. General Counsel Larry D. Thompson, a former deputy attorney general; Michigan Supreme Court Justice Maura D. Corrigan; Alice Batchelder, a judge in the Cincinnati-based 6th U.S. Circuit Court of Appeals; Priscilla Owen, confirmed last May to the New Orleans-based 5th U.S. Circuit Court of Appeals; White House Counsel Harriet Miers; Attorney General Alberto Gonzales; and appeals court judges J. Michael Luttig of the 4th U.S. Circuit Court of Appeals in Richmond and Samuel Alito of the 3rd Circuit in Philadelphia.

Owen was among 10 appellate court nominees Democrats blocked during Bush's first term by using the filibuster, a tactic that permits unlimited debate. Owen was confirmed following a deal that averted a showdown over a Republican plan to eliminate the filibuster against judicial nominees.

Schumer said Bush could expect a fight if he nominated Owen or Janice Rogers Brown, another of the filibustered nominees who won confirmation in June to the same court on which Roberts serves.

To contact the reporter on this story: James Rowley in Washington at jarowley@bloomberg.net

Last Updated: September 29, 2005 11:47 EDT