Chief Justice Rehnquist Is Treated for Cancer

 

A WALL STREET JOURNAL ONLINE NEWS, October 25, 2004

 

WASHINGTON -- William H. Rehnquist, a conservative who is the second-oldest man ever to be chief justice of the U.S., has been hospitalized with thyroid cancer.

 

The 80-year-old Judge Rehnquist spent the weekend in Bethesda Naval Hospital in suburban Maryland, and underwent a tracheotomy on Saturday, the Supreme Court [rehnquist]said today in a statement.

 

The Supreme Court is not meeting this week, and Judge Rehnquist is expected back on the bench when the court returns to work next Monday.

 

Judge Rehnquist, named to the court in 1972 by President Nixon and elevated to chief justice by President Reagan in 1986, has had a series of health problems.

 

In 2002 he missed several court sessions after hurting his knee in a fall at his home.  He had surgery to repair a torn tendon.  Judge Rehnquist also has struggled with chronic back pain over the years and has spent time in physical therapy.

 

The thyroid gland, located in the neck, produces hormones that help regulate the body's use of energy.  There are several types of thyroid cancer and it was not immediately known which type affected the justice.  About 6,000 people develop various types of thyroid cancer each year in the U.S.

 

Judge Rehnquist turned 80 on Oct. 1, a milestone reached by only one other chief justice of the U.S.  The only older chief justice was Roger Taney, who presided over the high court in the mid-1800s until his death at 87.

 

Word of the cancer came in a two-paragraph press release from the court.  It said Judge Rehnquist was recently diagnosed with cancer and that he was admitted to the hospital on Friday.  There were no other details about his condition.

 

Judge Rehnquist has frequently been mentioned as a possible retirement prospect, although he has hired law clerks through June 2006.  At a birthday celebration, he made no mention of stepping down.

 

He practiced law in Phoenix from 1953 to 1969, with an emphasis on civil litigation.  From 1969 to 1971, he served as assistant attorney general in the Justice Department's Office of Legal Counsel during the Nixon administration.

 

On Jan. 7, 1972, he became an associate justice on the Supreme Court, after being nominated by President Nixon.  His appointment was affirmed by a 68-26 Senate vote. On Sept. 26, 1986, he was sworn in as chief justice of the Supreme Court, during the Reagan administration.  The Senate approved his nomination, 65-33.

 

On Dec. 12, 2000, he was part of the majority in a 5-4 decision against allowing a recount of Florida presidential votes, letting stand President Bush's victory over Al Gore.

 

No matter who is elected president next week, a vacancy on the high court is likely during the next presidential term.  Both President Bush and Sen. John Kerry have avoided describing a litmus test for a Supreme Court nomination, although their differences on abortion cut along partisan lines.  The future of the Roe vs. Wade decision legalizing abortion is the most visible symbol of the court's ideological split.

 

The last vacancy on the court occurred in 1994, and President Clinton appointed Stephen Breyer to fill the seat vacated when Justice Harry M. Blackmun retired.  In 1999, Judge Rehnquist presided over Mr. Clinton's impeachment trial, at which the president was acquitted.

 

Other members of the high court have also been treated for cancer.  Justice John Paul Stevens, the oldest at 84, has had prostate cancer.  Justice Sandra Day O'Connor had breast cancer and Justice Ruth Bader Ginsburg had colon cancer.

 

Word of the illness comes as the Supreme Court deals with multiple legal fights stemming from the election-campaign season.  On Saturday, the court refused to place independent presidential candidate Ralph Nader on the ballot in Pennsylvania.  The high court has not yet acted on a similar appeal from Mr. Nader involving Ohio.  Judge Rehnquist, a widower since 1991, has three children.

 

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(Emphasis added.)

 

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