The Chief Justice of the Supreme Court died last night at his home in Arlington, VA. While this isn't a complete surprise, it was a little unexpected. Despite suffering from thyroid cancer, the old man seemed determined to tough it out as best he could. Many thought he would retire after this session, fueling speculation that his vacancy would be the first for President Bush to fill. I count myself among those who expected him to hang up the robe.

But when asked by reporters about his possible retirement, he wryly told them, "That's for me to know, and you to find out." Well, it would seem he likely knew he had weeks to live at that point and would probably not see the next session in October. It wouldn't surprise me if he had confided this to the President, who he knew could be trusted with this information - which could have had an influence on Bush's choice of Roberts.

Rehnquist will certainly be listed among the top Chief Justices in the history of the Court. How ironic that just as he passes away, a new Associate Justice is about to be confirmed and sworn in who clerked under him.

Now Bush will have two more nominations to make - a new Chief (from the ranks of the current Associates) and a new Associate. My money is on Scalia for Chief. And I hope whoever his successor is, he keeps the golden stripes on the Chief Justice's sleeves - a tradition that Rehnquist started. But there'll be plenty of time to speculate over that. In fact the Liberal special interest groups may now attempt an eleventh-hour ramping up of their opposition to Roberts during the hearings because of this turn of events.

For now, let us honor the man who served his country so well. R.I.P.

Posted by: Gary at 07:48 AM | No Comments | Add Comment
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