President Bush MUST NOT name Rehnquist's replacement nominee until after Robert's is confirmed. The Dems will press hard for this but the President cannot cave.
From Scotus Blog news story and commentary in June:
Chief Justice William H. Rehnquist, whose health had declined rapidly over the past few days, died Saturday evening at his home in Arlington, Va. He died just 28 days short of his 81st birthday.
Kathleen L. Arberg, the Supreme Court's public information officer, released the following statement late Friday night:
"William H. Rehnquist, the 16th Chief Justice of the United States, died this evening at his home in Arlington, Va., surrounded by his three children. The Chief Justice battled thyroid cancer since being diagnosed last October, and continued to perform his duties on the Court until a precipitous decline in his health in the last couple of days.
"He is survived by his three children, Janet Rehnquist of Arlington, Va., James C. Rehnquist of Sharon, Mass., and Nancy Spears of Middleburg, Vt.; his sister, Jean Larin of Grand Rapids, Mich., and nine grandchildren. His wife, Natalie Cornell Rehnquist, died in 1991.
"Chief Justice Rehnquist was appointed to the Supreme Court as an Associate Justice in 1971 by President Nixon and took his seat January 7, 1972. He was elevated to cheif Justice by President Ronald Reagan in 1986.
"Plans regarding funeral arrangements will be forthcoming."
Ms. Arberg said she had no information on additional details surrounding the recent decline in his health.
Sunday, June 26, 2005
Take a Moment in the Quiet Before the Storm
Legacy | 10:06 AM | Tom Goldstein | Comments (0) | TrackBack
Predictions are necessarily uncertain, but I think that this blog is going to become more relevant in the next few days. If and when it does, upon the retirement of the Chief Justice, attention will shift immediately - too fast - to the question of whom the President will nominate and the effects of that nomination on the Court and the nation.
Likely somewhat lost in the shuffle will be reflection about and appreciation for the Chief. The retirement would mark the departure from the Court of a historic figure. William Rehnquist has devoted most of his professional life to public service and a commitment to the rule of law. The fact that so many of the Chief's solo dissents of the 1970s now represent established constitutional doctrine is a testament of the power of his ideas to persuade.
With no responsible exception that I know if, the Chief is respected admired by every person associated with the Court, regardless of ideology. He has been the Court's leader for two decades, most recently guiding it through events like the discovery of anthrax in the Court's mail, cases like Bush v. Gore that put the Court at the center of a national political firestorm, and (although it involved him individually rather than the Court as an institution) the impeachment proceedings for President Clinton. More broadly, the Chief has also been the leader of the federal judiciary as a whole, defending it against attacks from both right and left. The country could only hope that a nominee to take his seat would display many of the Chief's characteristics and skills.
On a personal level, if the Chief leaves, it will not be because he lacks the intellectual capabilities to do the job. In that respect, the Chief is at the top of his game. Rather, it will almost certainly be because he is suffering from a horrible, debilitating disease. No person should have to suffer through such a thing. Each of us should wish him the very best, and we should hope this is much ado about nothing and that his health is better than everyone is speculating. If he does retire, our thoughts and thanks should be with him and his family.