Sunday - September 04, 2005

Obituary

WASHINGTON (AP)—Chief Justice William H. Rehnquist died Saturday evening of cancer, ending a 33-year Supreme Court career during which he oversaw the court’s conservative shift, presided over an impeachment trial and helped decide a presidential election. His death creates a rare second vacancy on the nation’s highest court.

Rehnquist, 80, was surrounded by his three children when he died at his home in suburban Arlington. His wife died in 1991. “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. 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. The last time there were simultaneous vacancies at the court was 1971, when Justices Hugo Black and John Marshall Harlan retired in September, about a week apart. Rehnquist, then a Justice Department lawyer, urged the Nixon administration to move fast in replacing them and wound up being appointed to Harlan’s seat himself.

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 on July 14 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.

Posted by Ronald Reagan's Ghost     on 09/04/2005 at 02:39 AM   
Filed Under: • Judges-Courts-Lawyers •  
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Not that very many people ever read this far down, but this blog was the creation of Allan Kelly and his friend Vilmar. Vilmar moved on to his own blog some time ago, and Allan ran this place alone until his sudden and unexpected death partway through 2006. We all miss him. A lot. Even though he is gone this site will always still be more than a little bit his. We who are left to carry on the BMEWS tradition owe him a great debt of gratitude, and we hope to be able to pay that back by following his last advice to us all:

1. Keep a firm grasp of Right and Wrong
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It's been a long strange trip without you Skipper, but thanks for pointing us in the right direction and giving us a swift kick in the behind to get us going. Keep lookin' down on us, will ya? Thanks.

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