Rehnquist may retire by '03, court observers say
Posted on 09/22/2002 9:47:48 AM PDT by MeekOneGOP
Rehnquist may retire by '03, court observers say
Age, accomplishments and politics could lead to chief justice's exit
09/22/2002
WASHINGTON - Chief Justice William H. Rehnquist is 77, has been on the job for more than three decades and has a bad back, so retiring to read, write and work on his tennis swing would seem reasonable. But for Justice Rehnquist, the prospect of retirement is fraught with political consequences.
Retirement rumors have swirled around Justice Rehnquist for several years, and the judge is keeping his thoughts on the subject to himself.
But age, accomplishment and politics may combine to persuade him to make his exit, possibly after the upcoming term ends in June, say Supreme Court observers.
"Chief Justice Rehnquist's interests beyond the court are varied and dear to him, and I wouldn't be surprised if in the not-distant future he decided to pursue those interests," said Charles Cooper, a Washington lawyer who once served as a law clerk to Justice Rehnquist.
Justice Rehnquist has passed his 30th anniversary on the court, more than half that time spent as chief justice.
Once a lone ranger on the right, filing fierce dissents to his colleagues' often liberal rulings, Justice Rehnquist is now the arbiter of the court's increasingly conservative outlook.
"If the chief justice ends his term on the court this year, he will already have established himself as one of the three most important chief justices in history," said Walter Dellinger, a former chief Supreme Court lawyer for the Clinton administration.
If Justice Rehnquist leaves, Mr. Bush could choose to name a replacement from the remaining eight justices and then fill the vacant seat with an outsider. Only two sitting justices are considered candidates for the top job:
Justice Sandra Day O'Connor, the first woman named to the high court when President Ronald Reagan picked her in 1981. She has said her age - 72 - makes the notion of an elevation to chief far-fetched.
Justice Anthony M. Kennedy, also a Reagan pick, in 1988. Considered a long shot, in part because many of Mr. Bush's conservative advisers resent his views on such issues as school prayer.
None of the justices has hinted at retirement, but advancing age and politics may persuade at least one to leave soon.
If that happens, the White House already has a list of potential replacements. Lawyers and law professors who watch the court have their own list. Among their picks:
Al Gonzales, Mr. Bush's White House counsel and the man in charge of making the White House list.
J. Harvie Wilkinson, the chief judge of the 4th U.S. Circuit Court of Appeals, based in Richmond, Va.
J. Michael Luttig, a junior judge on the 4th Circuit appeals court.
Samuel Alito Jr., named to the Philadelphia-based 3rd U.S. Court of Appeals by Mr. Bush's father.
As for a replacement. The names mentioned certainly are not a surprise. But keep your eye on 5th Cir Court of Appeals Judge Garza. He is pro-life, Catholic, a Notre Dame grad, and hispanic. Dems would have a real tough time knocking him down. (Bush may save him for a loss in the Senate. Thus, if someone dies or must leave the Court and we don't have the votes, he may tap Garza to try to hurdle the Democrat litmus test. He will dare the dems to vote down a Hispanic Judge).
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