mesa legend

August 22, 2005
IDEAS AND OPINIONS

When age a factor, it’s time to bow out

In the 215-year life of the U.S. Supreme Court, 48 justices of the Court have died on the bench. And things are pointing toward the current chief justice, William Rehnquist, being number 49.

Like all Supreme Court justices, he was appointed to his judgeship for life. But justices have been known to gracefully bow out before the Grim Reaper approaches their bench. Sandra Day O’Connor is an example.

But Rehnquist, 80, has rebuked murmurs that his age and his health are going to lead him to retire.

In October, thyroid cancer made a weeks-long hospital stay and a tracheotomy necessary for Rehnquist. The operation is a signal that the cancer in Rehnquist is aggressive, at least one eminent doctor has said.

In March, breathing trouble meant an ambulance ride to the hospital for Rehnquist.

In July, a fever had Rehnquist staying two nights in the hospital. In August, another fever and another hospital visit.

The wilting Rehnquist isn’t the oldest member of the Court - - Justice John Paul Stevens is 85. And most people aren’t strangers to illness and hospitalization. But when Rehnquist’s age of four-score shares the scene with his three recent hospital visits and his seemingly aggressive thyroid cancer, it begs the question: Isn’t it time for this guy to retire?

Rehnquist has been with the court of final say-so for 33 years. He has been chief justice since 1986.

About 5,000 cases have come through the Court since Rehnquist has been there. Since 1972, he’s been one of nine people who can, using legalese, chart the destiny of a country of multi-millions of people. From Roe v. Wade to Bush v. Gore, Rehnquist has voted on cases that are responsible for much of the history written on our country.

With a distinguished career behind him and deteriorating health ahead of him, retirement should be looking good.

But no.

He has pledged to remain in his job as long as his health lets him.

Come again?

Between October and March, appellants coming to the Supreme Court to argue their causes got the ears of only eight of its justices. Rehnquist, who as chief justice is expected to preside over the court whenever it convenes, wasn’t there.

Too infirm to leave home in the months following his operation, Rehnquist got transcripts of the arguments he was missing so he could cast his votes in those cases.

Rehnquist later resumed coming to the Court, but his presence was limited.

He deliberated with the other eight justices. He cast votes. But he didn’t make his way into the courtroom to hear cases argued.

It wasn’t until March that the etiolated Rehnquist finally returned to the courtroom to hear appellants lay their fates at the bench.

And then the summertime fevers and hospitalizations came.

Maybe it’s the salary, thought to be over $200,000 per year for this chief justice.

Maybe Rehnquist feels he’s a rare gem the Court can’t afford to lose.

Or maybe the reason he doesn’t retire is his job gives him a taste of nobility. Supreme Court justices have their jobs as long as they want them. Their pay can’t be cut.

They can’t be removed from judgeship unless they’re guilty of wanton misdeeds.

They have the power to slay laws, bridle laws or let laws run free – laws that reach into the lives of us all.

And there are only nine of these lordly titles to go around.

Abdicate the throne? For the 48 Supreme Court justices who took their jobs to their graves, that idea was buried.

Will Rehnquist follow their lead? Time will tell.

And it will tell soon.