news.yahoo.com/s/ap/20050715/ap_on_go_su_co/rehnquist
AP Rehnquist Pledges to Remain on Top Court By GINA HOLLAND, Associated Press Writer 40 minutes ago WASHINGTON - Chief Justice William H Rehnquist's pledge to continue work ing while battling thyroid cancer leaves the White House with just one S upreme Court seat to fill, suddenly changing the dynamic of the summer c onfirmation battle.
Sandra Day O'Connor announced earlier this month that she was stepping down, and the retireme nt of 80-year-old Rehnquist was thought to be next. "I want to put to rest the speculation and unfounded rumors of my imminen t retirement," Rehnquist said in a statement first disclosed by The Asso ciated Press late Thursday and later confirmed by the court. Rehnquist said he would "continue to perform my duties as chief justice a s long as my health permits." He was back at work Friday morning, less t han 24 hours after being released from the hospital where he was treated this week for a fever. Rehnquist signaled that he is effectively fighting cancer and his health is strong enough to allow him to preside over the high court for the for eseeable future. Richard Garnett, a Notre Dame law professor and former Rehnquist law cler k, said "the chief justice's decision liberates the president." "The question mark that was hanging over the process is now gone," Garnet t said.
President Bush has fewer impediments in doing what he has said all along he was going to do nominate a conservative justice in the mold of Justice (Antonin) S calia." But Supreme Court historian David Garrow said Bush "has to do something o ther than a white male appellate judge: whether it is a woman, whether i t's Hispanic, whether it's someone outside the judicial box." Rehnquist has been battling thyroid cancer, and medical experts initially had speculated that he probably had the deadly anaplastic form of the d isease, based on the chemotherapy-radiation treatment he began receiving in October. Most patients succumb very quickly, w ithin three to six months," said Dr.
O'Connor had announced her retirement unexpectedly as the White House, th e Senate and outside groups were preparing for the chief justice to leav e the court. The White House expanded its list of candidates in looking for a replacement for O'Connor, the first female justice and a moderate conservative. Dual vacancies might have given Bush the political flexibility to please more than one constituency. Now that just one seat is vacant, Bush is li kely to come under intense pressure from his political base to nominate a hard-line conservative. "It ratchets up the pressure for this pick," Duke University professor Er win Chemerinsky said. Bush had not been informed in advance about Rehnquist' statement but the White House welcomed the announcement. "The chief justice is doing an outstanding job, and we are pleased he wil l continue his great service to the nation," presidential spokesman Scot t McClellan said. It was unclear whether Rehnquist's revelation would affect the timing of an announcement of O'Connor's successor. Elliot Mincberg, counsel for the liberal People for the American Way, sai d Rehnquist may have been concerned that the speculation about his futur e was slowing the process of nominating O'Connor's replacement. The question that remains, he said, is whether Bush will seek meaningful consultation and nominate someone both liberals and conservatives can em brace, or will the president feel the need to stroke the far right of hi s base for its help in getting him re-elected. "This puts that question squarely on the president's desk," Mincberg said . This is the first vacancy of Bush's presidency, and even one new justice to the court has the potential to tip the balance on critical issues suc h as abortion, affirmative action and gay rights. Some advocates had argued that a double vacancy would have given the pres ident the opportunity although it's unclear whether he would have take n it to nominate a bona fide conservative jurist to satisfy those on t he right and a person with more moderate judicial views to placate Senat e Democrats. Sean Rushton, director of the Committee for Justice, a group formed to pu sh Bush's nominee, said having one fewer nominee for liberal groups to d enounce likely makes it harder for the left to turn the Senate confirmat ion hearing into a "back alley brawl."
voting record), D-NY, who heads the Democratic Senatorial Campaign Committee, said a second nomina tion would have slowed the confirmation process and completely changed t he Senate dynamic. "Having more than one nomination could have made things harder, or easier ," Schumer said. "I'm glad we can now move forward with the one vacancy that we do have." Rehnquist, who has been through at least one round of chemotherapy and ra diation, surprised many people when he presided at Bush's inauguration i n January and returned to the bench in March, keeping a full schedule. But outside of a handful of brief statements issued by the court since Oc tober, he has said nothing publicly about his condition or prognosis. He had also said nothing about his plans on the bench despite the vigil ke pt by reporters and photographers outside his home.
The informati on contained in the AP News report may not be published, broadcast, rewr itten or redistributed without the prior written authority of The Associ ated Press.
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