Chief Justice William Rehnquist will not be retiring just yet, according to a statement he made through his family last week. His battle with thyroid cancer, which began last October and involved a tracheotomy as well as weeks of chemotherapy and radiation treatment, led to speculation that he might step down. On the contrary, he said, he will continue to perform his duties as long as his health permits.
Although he might be able to fulfill the job in a fundamental capacity, it would be best if he were able to perform 100 percent. There's no need for a longevity marathon in the Supreme Court as there was with Strom Thurmond in the Senate, who stepped down at age 100. So far 80-year-old Rehnquist hasn't given any indication of doing this. That is to say he hasn't yet fathered any children after his 70th birthday, as Thurmond did.
Rehnquist must weigh the advantages of his 33 years of experience on the court against the disadvantages of his poor health. His office refused to characterize the seriousness of his illness, but he will soon find out for himself if it's feasible to forgo retirement when the next term begins. The Supreme Court's current term is ended for the summer, and the next one will not resume until October.
Although Rehnquist said he is well enough to continue, the summer might come as a welcome respite after a tough year, during which he was forced by his illness to work from home for several months. During this time, he missed oral arguments in a number of cases.
Rehnquist isn't the first major U.S. governmental official to face major medical problems in office. For example, former President Franklin D. Roosevelt was partially paralyzed due to polio and died in office. And former President John F. Kennedy suffered from Addison's Disease, an incurable disorder of the adrenal glands. The list goes on. It is possible, after all, to work through an ailment.
Still, it's unclear at this point why Rehnquist would want to do so. Perhaps he is waiting for President Bush's term to end, so that another president might choose his replacement. Bush already will choose the replacement for recently retired Associate Justice Sandra Day O'Connor. Or maybe he feels that his leadership on the bench is crucial at this point. It could be that he just loves his job, which is what some of his close associates say.
In any case, he should keep in mind the best interests of the court and the country. If the time comes when a replacement could do a better job than he, then it's time to throw in the towel. Yes, it's true that chief justice of the United States is one of the hardest positions to attain in the world - Rehnquist is only the 16th in U.S. history. Even so, this is no reason for holding onto pride.
This seems unlikely as he's struggling along, using a wheelchair for long trips, his voice scratchy from the trachea tube. More power to him if he can carry on.
