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Rehnquist May Not Retire With O'Connor Leaving Supreme Court

by Steven Ertelt
LifeNews.com Editor
July 2, 2005

Washington, DC (LifeNews.com) -- For months, political observers in Washington and around the nation were convinced Supreme Court Chief Justice William Rehnquist was planning to step down from the nation's high court. With Justice Sandra Day O'Connor announcing her own retirement, the plans of the ailing conservative court leader are in doubt.

The Supreme Court had no word on his plans this week and some speculate Rehnquist may stay on for another term and that his health -- he is battling cancer -- is improving.

Some speculate O'Connor announced her retirement because Rehnquist is not leaving and that, if he was planning on stepping down too, he would have made his announcement by now.

David Garrow, a Supreme Court historian and law professor at Emory University, told the Washington Post he believes that and he expects the lead jurist to stay on through the court's next term.

"If there is one person whom Justice O'Connor told ahead of time, in addition to her husband, I think it would be the chief justice," Garrow said. "Barring a medical emergency, I think it's certain the chief justice is planning to return in October and believes he'll be fully capable of returning."

Scott Moss, a law professor and Supreme Court expert at Marquette University, told the Chicago Tribune he agrees.

"If a justice is going to retire, he probably isn't going to wait until midway through the summer" because of the need to confirm a new justice for the next October term.

"Now I sort of think he may wait," adds Susan Low Bloch, a law professor at Georgetown University. She indicated Rehnquist enjoys his work on the court and may stay until he feels he can't adequately perform his duties.

At least one other top court observer told the Tribune he still believes Rehnquist will retire soon.


"I still expect Rehnquist to resign soon, after a decent interval allowing discussion of O’Connor’s legacy," said Thomas Mann, a Brookings Institution scholar.

Rehnquist disclosed his thyroid cancer last fall and worked from home part of the time until his health was strong enough to return to the court. Though he was confined to a wheelchair in January when he presided over President Bush's swearing in, he now walks under his own power, though he relies on a cane for stability.

Sen. Arlen Specter, chairman of the Senate Judiciary Committee, recently visited Rehnquist and told the Post he didn't think he would retire yet.

"Speaking as someone who likes to get up in the morning with something important to do, I wouldn't say that it's keeping the chief alive but I think he likes his job," Specter told the newspaper. "And if we haven't heard from him by now, the chances are you won't hear from him for some time."

 

 

 

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