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CHANGING OF THE GUARD
Chief Justice William Rehnquist dies
Was diagnosed with thyroid cancer last October

Posted: September 03, 2005
11:27 pm Eastern

© 2009 WorldNetDaily.com




Justice William Rehnquist

After a courageous bout with cancer during which he continued to serve as U.S. Supreme Court chief justice, William H. Rehnquist died tonight at his Arlington, Virginia, home, surrounded by his three children.

"The Chief Justice battled thyroid cancer since being diagnosed last October and continued to perform his dues on the court until a precipitous decline in his health the last couple of days," said Supreme Court spokeswoman Kathy Arberg, in a press statement.

Rehnquist, 80, was appointed to the Supreme Court in 1971 by President Nixon, and became chief justice in 1986, during Ronald Reagan's presidency. He was treated last fall for thyroid cancer and has appeared frail since his return to the court in March.

The passing of the conservative chief justice comes just as Congress is about to commence Supreme Court confirmation hearings for Judge John Roberts, President Bush's choice to replace retired justice Sandra Day O'Connor.

Roberts' confirmation is widely regarded in Washington as a sure thing, despite anticipated challenges over his views on abortion and other issues.

The two simultaneous vacancies offer Bush an unprecedented opportunity to influence the composition of the nation's highest court. But it's unlikely the president will nominate a replacement for Rehnquist before the outcome of the Roberts confirmation is known, commented Fox News' Judge Andrew Napolitano.

O'Connor, 75, surprised many court watchers when she gave Bush a resignation letter July 1 while all eyes were on the ailing Rehnquist.

O'Connor said she needed to spend time with her husband, who reportedly suffers from Alzheimer's disease.

Shortly thereafter, anticipation that Rehnquist would also retire rose when columnist Robert Novak cited court sources claiming an announcement was imminent.

But asked by a reporter if any speculation about his resignation was true, Rehnquist said: "That's for me to know and you to find out."

Alan Sears, president, CEO and general counsel of the Alliance Defense Fund, acknowledged Rehnquist's outstanding service to his country during his 33-year tenure on the Supreme Court.

"Chief Justice Rehnquist was a great statesman and an asset to our nation's highest court," said Alan Sears, president, CEO and general counsel of the Alliance Defense Fund, a prominent public interest law firm that champions religious liberty. "The passing of this truly honorable man causes us to pause and thank God for his faithfulness."

"Chief Justice Rehnquist consistently countered efforts to make the law rather than interpret the law, particularly as a dissenter in Roe v. Wade," Sears added. "He demonstrated integrity by adhering to constitutional terms rather than searching for 'penumbras' and concepts outside the parameters of the Bill of Rights. We look to President Bush to nominate a replacement who meets Chief Justice Rehnquist's level of integrity and who demonstrates judicial restraint in controversial areas, including matters related to religious liberty, the sanctity of life, and family values."

Now that Rehnquist has passed away, Bush could promote Justice Clarence Thomas or Justice Antonin Scalia to chief justice and name two new associate justices. But some analysts believe it's more likely he will choose a chief justice from outside the current court.








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