Rehnquist death leaves second vacancy
William H. Rehnquist, 80, a Milwaukee paper salesman's son who rose to chief justice of the United States and strove to reshape laws of the land in his conservative Federalist image, died at his Virginia home late Saturday after more than three decades on the nation's highest court–the last 19 as its top judge. He had been diagnosed with thyroid cancer last October and though he completed the court term that ended in June, his frail health declined precipitously over the past week.
President Bush, in a televised statement from the White House Sunday morning, called the nation's 16th chief justice a "man of character" respected for his powerful intellect. "He honored America with a lifetime of service and America will honor his memory," said Bush, adding that he was moved when the elderly chief justice, clearly feeling the effects of his cancer treatments, swore in the president at his January inauguration.
Rehnquist's death leaves a second high court vacancy and comes just days before the U.S. Senate is expected to begin confirmation hearings on John Roberts, Bush's nominee to fill the vacancy left by the July resignation of Justice Sandra Day O'Connor, 75, after 24 years on the court. And it opens a Pandora's box of question: Will the Roberts hearings, set to begin Tuesday, be delayed? Will O'Connor, who said she'd serve until her replacement is named, be asked to remain on the court until both vacancies are filled? Will the president, who has said he wants Roberts confirmed before the October 3 start of the court's new term, consider re-nominating the D.C. Circuit Court judge for the chief justice slot? Or will he turn to either Justice Antonin Scalia or Justice Clarence Thomas to lead the court, subject to Senate confirmation?
In his comments Sunday morning, Bush indicated he isn't likely to delay the hearings on Roberts, particularly in light of a second vacancy. "It will serve the best interest of the nation to fill those vacancies promptly," he said, adding that he would pick a replacement for Rehnquist "in a timely manner."
As tributes to the late chief justice poured in, strategists began speculating who Bush may nominate for the Rehnquist vacancy, and how his current political problems–from sharp criticism over the administration's handling of the Katrina hurricane disaster, to skyrocketing gas prices and plummeting support for the president and his policy in increasingly violent Iraq–may influence that decision.
The president could please the religious right with an anti-abortion nominee along the lines of federal appeals court Judges Michael O'Connell or Edith H. Jones. And he could also fulfill his desire to nominate the first Hispanic to the court–potentially Attorney General Alberto Gonzales, the president's close friend and a more moderate conservative who has been attacked by the right for being somewhat flexible on the issues of abortion and affirmative action.
At his death, Rehnquist fittingly left as two of his last opinions support for the display of the Ten Commandments on the grounds of public property and inside courthouses. Rehnquist long argued for an end to what he called "hostility" toward religion in public life. But he also found himself more frequently in the minority on such issues of social policy, often at odds with the more moderate O'Connor.
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