Rehnquist will not be back on Supreme Court bench Monday

 

From Bill Mears
CNN, 7 January 2005

 

WASHINGTON (CNN) -- Continuing medical problems will again keep Chief Justice William Rehnquist off the bench when the Supreme Court resumes oral arguments Monday.

Rehnquist, 80, is undergoing treatment for thyroid cancer, diagnosed in late October. Since then, he has not presided over public sessions, where cases are heard.

In a brief statement, the court Friday cited "continuing secretions caused by his tracheotomy and radiation therapy."

He apparently participated from home in the justices' regular closed-door Friday conferences, where they decide which appeals to accept for review.

Friday was also the 33rd anniversary of Rehnquist joining the Supreme Court.

The chief justice underwent an emergency tracheotomy October 22, a day after being admitted to a Navy hospital outside Washington.

The court has said he is receiving chemotherapy and radiation treatment on an outpatient basis.

The extent of his illness has not been made public, but medical experts have said the type of treatment Rehnquist has been receiving indicates a serious form of the disease.

The court again noted Rehnquist continues to work from home, participating in cases through transcripts provided by his office.

The chief justice has written at least two opinions since his illness, but his office said last month he would not cast votes in the November cases unless the other justices was deadlocked at 4-4.

He has returned to his court offices a few times since the week of December 20.

Rehnquist plans to swear in President Bush for a second term January 20 at his inauguration.

Rehnquist is one of the most conservative members of the closely divided court. There has been great speculation over who would be nominated by President Bush for chief justice if that slot were to open.