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Will Rehnquist pass justices left and right? (staying due to desire to have longest SCOTUS tenure?)
DALLAS NEWS.COM ^ | JULY 18, 2005 | ALLEN PUSEY

Posted on 07/18/2005 4:35:57 PM PDT by CHARLITE

Reading his majority opinion in the last case on the last day of the U.S. Supreme Court's term, Chief Justice William Rehnquist was in a joking mood.

He was reviewing those who'd voted with him and against him in the Texas Ten Commandments case, and by the time he'd finished with the concurrences and dissents, he'd rattled off 12 names.

This was the moment the 80-year-old chief justice – hobbled since October by thyroid cancer – was supposed to resign. But he didn't. And he hasn't. And now it appears that he won't.

One theory is as good as another, and only he can know that calculus.

Yet there is something else to consider: Each day that passes without his retirement is building toward something else that could be propelling his determination to stay on the job – the pull of history. By staying just one more term – less than one year – he can become the chief justice with the longest tenure ever on the nation's highest court.

Jan. 7, 1972 Justice Rehnquist has been on the court since Jan. 7, 1972. In mid-August, he would pass Joseph Story as the seventh-longest-tenured justice. It's a small distinction, but one that he has worked more than 33 years to achieve. More important, however, it marks the beginning of what would be a rapid rise through the ranks of history.

(Excerpt) Read more at dallasnews.com ...


TOPICS: Constitution/Conservatism; Crime/Corruption; Culture/Society; Government; News/Current Events; Philosophy; Politics/Elections
KEYWORDS: chiefjustice; history; retirement; scotus; supremecourt; tenure; williamrehnquist

1 posted on 07/18/2005 4:35:59 PM PDT by CHARLITE
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To: CHARLITE
LONGEVITY ON THE HIGH COURT
Sworn in Tenure ended Age Days served Rehnquist would reach
1 William O. Douglas 4-17-1939 11-12-1975 77 13,359 Aug. 3, 2008
2 Stephen Johnson Field 5-20-1863 12-1-1897 81 12,615 July 21, 2006
3 John Marshall * 2-4-1801 7-6-1835 79 12,571 June 7, 2006
4 Hugo Black 8-19-1937 9-17-1971 85 12,448 Feb. 4, 2006
5 John Marshall Harlan 12-10-1877 10-14-1911 78 12,361 Nov. 9, 2005
6 William Brennan 10-16-1956 7-20-1990 84 12,331 Oct. 10, 2005
7 Joseph Story 2-3-1812 9-10-1845 65 12,274 Aug. 15, 2005
8 William Rehnquist* 1-7-1972 80
*Denotes a chief justice

2 posted on 07/18/2005 4:38:11 PM PDT by Petronski (So, ma cherie, you like ze boum boum?)
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To: CHARLITE
Yet there is something else to consider: Each day that passes without his retirement is building toward something else .......

Moron.

3 posted on 07/18/2005 4:39:48 PM PDT by squirt-gun
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To: CHARLITE

As long as he outlasts Stevens and Ginsburg, I'll be happy!


4 posted on 07/18/2005 4:40:40 PM PDT by Cowboy Bob (Liberalism cannot survive in a free and open society.)
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To: CHARLITE

Rehnquist has been a pretty solid justice for us. He can stay as long as he likes, just so long as he leaves before Mr. Bush is out of office. We need an originalist appointed by the current administration to replace Rehnquist.


5 posted on 07/18/2005 4:40:53 PM PDT by DuckFan4ever (Tom Tancredo: Making Democrats look normal since 1998)
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To: CHARLITE

I always marveled at how we had both a Justice Burger AND a Justice Frankfurter. It made for a damn loud growl in the stomach during Constitutional Law lectures.


6 posted on 07/18/2005 4:42:40 PM PDT by Petronski (So, ma cherie, you like ze boum boum?)
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To: CHARLITE

I don't think he'll make it that long. He looks like he could keel over any moment now.


7 posted on 07/18/2005 4:44:55 PM PDT by jwh_Denver (Looks like we're going to have start working for a new "What A Country"?)
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To: CHARLITE
The only record that Chief Justice Rehnquist would possibly chase is John Marshall, the fourth and purportedly greatest Chief Justice. But given the particularly virulent nature of the cancer that Rehnquist has, he is not going to make that date as a living human.

Therefore, this is cobbled together by a reporter having no connection with reality. Pure, irrelevant theory.

Congressman Billybob

Latest column: "The Fry Cook Rule for the Supreme Court"

8 posted on 07/18/2005 4:49:29 PM PDT by Congressman Billybob (Will President Bush appoint a Justice who obeys the Constitution? I give 85-15 odds on yes.)
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To: CHARLITE

I think Rehnquist is staying to make it easier for President Bush to deal with one appointment at a time.

As long as he can hold out, my guess is that Rehnquist will resign shortly after a judge has been confirmed to replace O'Connor.

I think Rehnquist is a good soldier to the end.

God bless him.


9 posted on 07/18/2005 5:00:57 PM PDT by QQQQQ
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To: QQQQQ
As long as he can hold out, my guess is that Rehnquist will resign shortly after a judge has been confirmed to replace O'Connor.

I agree. I think Rehnquist is trying to block a package deal to replace O'Connor with another O'Connor and himself with another conservative. His pledge to stay on as long as his health permits is a soft pledge for a man his age in his condition. One trip to the hospital, one trip to the doctor would give him a legitimate out.

10 posted on 07/18/2005 5:43:24 PM PDT by omega4412
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To: Congressman Billybob
What do you think of the theory (which is, regretably, only based my own limited theories) that Rehnquist might be staying on for a political rather than a judicial reason? Does he care about the legacy of the Court?

If he and O'Conner went at the same time, there would be tremendous political pressure from the left and media on Bush (via the RINOs in the Senate) to appoint a "solid" conservative and a moderate ("Two conservatives would be just too much!" they would howl). And the RINOs would probably knuckle under to this, I think. On the other hand, if only O'Conner goes, then Bush can appoint an originalist with less pressure (as it is only one Justice). The Libs will still scream, but they will have less of a case for "fairness", less leverage on the RINO's. Then, after O'Conner's replacement is seated, Rehnquist can retire at his leisure, giving Bush another chance to fight one battle at a time (always preferrable to fighting two at once). Would this even be in the realm of the Chief Justice's thinking (or, even more interesting, would this be something he would agree to if it were requested by the Administration)...?

11 posted on 07/18/2005 6:12:23 PM PDT by Charles H. (The_r0nin) (Still teaching... or a reasonable facsimile thereof...)
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To: QQQQQ; omega4412

LOL! (see post 11) Guess I'm not the only person to be thinking along those lines, after all...


12 posted on 07/18/2005 6:14:20 PM PDT by Charles H. (The_r0nin) (Still teaching... or a reasonable facsimile thereof...)
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To: Petronski

Rehnquist snapped, "You people can be like a bunch of vultures" to the reporters staking out his home.

The reason he decided to delay his retirement announcement is so the reporters don't have the satisfaction. Once they leave him alone he'll announce his retirement after a suitable interval.


13 posted on 07/18/2005 6:19:57 PM PDT by Gideon7
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To: Charles H. (The_r0nin)

Obviously you're an intelligent and perceptive observer!


14 posted on 07/18/2005 6:23:53 PM PDT by omega4412
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To: omega4412; QQQQQ
"As long as he can hold out, my guess is that Rehnquist will resign shortly after a judge has been confirmed to replace O'Connor.

I agree. I think Rehnquist is trying to block a package deal to replace O'Connor with another O'Connor and himself with another conservative. His pledge to stay on as long as his health permits is a soft pledge for a man his age in his condition. One trip to the hospital, one trip to the doctor would give him a legitimate out."

Agree totally with both of you. He's a conservative patriot ......... to the bitter end, and he's nobody's fool.

God bless Rehnquist. He is a very good soul.

Thanks, omega and QQQQ, for your comments!

Char :)

15 posted on 07/18/2005 6:24:06 PM PDT by CHARLITE (I propose a co-Clinton team as permanent reps to Pyonyang, w/out possibility of repatriation....)
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To: omega4412

LOL!!!


16 posted on 07/18/2005 6:26:33 PM PDT by Charles H. (The_r0nin) (Still teaching... or a reasonable facsimile thereof...)
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To: Gideon7

bttt


17 posted on 07/18/2005 6:26:37 PM PDT by ConservativeMan55 (DON'T FIRE UNTIL YOU SEE THE WHITES OF THE CURTAINS THEY ARE WEARING ON THEIR HEADS !)
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To: CHARLITE

I don't think Rehnquist really cares about setting any records for tenure. I think O'Connor's retirement sort of blindsided him (perhaps O'Connor's husband's health is worse than we know). My guess is that Rehnquist wants to see how the confirmation for O'Connor's replacement goes before he does anything. If Bush is successful in appointing an originalist and having them confirmed, it will make Rehnquist feel a lot better about stepping down.


18 posted on 07/18/2005 6:32:06 PM PDT by wagglebee ("We are ready for the greatest achievements in the history of freedom." -- President Bush, 1/20/05)
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To: CHARLITE

I like Rehnquist, but it is time for the old boy to go.


19 posted on 07/18/2005 7:19:19 PM PDT by Shawndell Green
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