Thread: Chief Justice Rehnquist Dies at His Home

http://news.yahoo.com/s/ap/20050904/ap_ ... /rehnquist



By GINA HOLLAND,
Associated Press Writer
8 minutes ago

WASHINGTON - Chief Justice William H. Rehnquist died Saturday evening of cancer, ending a remarkable 33-year tenure on the Supreme Court and creating a rare second vacancy on the nation's highest court.
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Rehnquist, 80, was surrounded by his three children when he died at his home in suburban Arlington.

"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 the last couple of days," said court spokeswoman Kathy Arberg.

Rehnquist was appointed to the Supreme Court as an associate justice in 1971 by President Nixon and took his seat on Jan. 7, 1972. He was elevated to chief justice by President Reagan in 1986.

His death ends a career during which Rehnquist oversaw the court's conservative shift, presided over an impeachment trial and helped decide a presidential election.

The death leaves
President Bush with his second court opening within four months and sets up what's expected to be an even more bruising Senate confirmation battle than that of John Roberts.

It was not immediately clear what impact Rehnquist's death would have on confirmation hearings for Roberts, scheduled to begin Tuesday.

Rehnquist presided over
President Clinton's impeachment trial in 1999, helped settle the 2000 presidential election in Bush's favor, and fashioned decisions over the years that diluted the powers of the federal government while strengthening those of the states.

Arberg said plans regarding funeral arrangements would be forthcoming.

Bush was notified of Rehnquist's death shortly before 11 p.m. EDT.

"President Bush and Mrs. Bush are deeply saddened by the news," said White House counselor Dan Bartlett. "It's a tremendous loss for our nation." The president was expected to make a personal statement about Rehnquist on Sunday.

The chief justice passed up a chance to step down over the summer, which would have given the Senate a chance to confirm his successor while the court was out of session, and instead Justice
Sandra Day O'Connor announced her retirement to spend time with her ill husband. Bush chose Roberts, a former Rehnquist clerk and friend, to replace O'Connor.

Rehnquist said in July that he wanted to stay on the bench as long as his health would allow.

The president could elevate to chief justice one of the court's conservatives, such as
Antonin Scalia or
Clarence Thomas, but it's more likely he will choose someone from outside the court.

Possible replacements include Attorney General Alberto R. Gonzales and federal courts of appeals judges J. Michael Luttig, Edith Clement, Samuel A. Alito Jr., Michael McConnell, Emilio Garza, and James Harvie Wilkinson III. Others mentioned are former Solicitor General Theodore Olson, lawyer Miguel Estrada and former deputy attorney general Larry Thompson.

Rehnquist announced last October that he had thyroid cancer. He had a trachea tube inserted to help him breathe and underwent radiation and chemotherapy treatments. Details of the chief justice's illness and his plans had been tightly guarded. He looked frail at Bush's inauguration in January and missed five months of court sessions before returning to the bench in March.

On the court's final meeting day of the last term, June 27, Rehnquist appeared gaunt and had difficulty as he announced the last decision of the term â€â€

All I can think of is worst case:

Roberts in (not worst case)
Scalia to CJ (not worst case)
Gonzalas in (WORST CASE)