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Will Rehnquist step down or not?Chief justice may be frail, but his retirement is far from certainBy Bill Mears RELATED
CHIEF JUSTICE REHNQUIST 1972 -- Appointed to Supreme Court by President Nixon 1973 -- Dissents in Roe v. Wade 1986 -- Appointed chief justice by President Reagan 1999 -- Presides over President Clinton's impeachment trial 2000 -- Writes concurring opinion in Bush v. Gore 2004 --Turns 80; only second justice to do so on court YOUR E-MAIL ALERTSWASHINGTON (CNN) -- He is 80 years old, physically frail, and the subject of intense speculation on his immediate future. But Chief Justice William Rehnquist, after a third of a century on the U.S. Supreme Court, may be poised to stay on the bench a little longer, according to sources close to him. The court is expected to wrap up its work next week, and then recess for the summer. It is the time justices customarily announce their retirement, and after a dozen years without a vacancy, a sense of anticipation exists over whether Rehnquist, or another justice, will leave. In recent weeks, many court watchers and even Rehnquist's friends, after first believing his retirement was all but certain, are now rethinking. A former clerk, who asked not to be identified by name, met privately with Rehnquist several months ago, and last weekend attended an annual reunion in Washington organized by the chief justice. The clerk noted the jurist's physical appearance had improved steadily. "He looked great. He was fully engaged," the former clerk said. But another person who attended the same reunion said, "Several of his fellow clerks were talking afterward, and we were frankly surprised at how frail he looked." That person also asked for anonymity, as did many of his current and former associates, who are fiercely protective of Rehnquist's privacy. Colleagues say such scrutiny has not distracted the chief justice. "He doesn't operate that way," said Richard Garnett, a University of Notre Dame law professor and himself a former Rehnquist clerk. "He's not pacing the floor, ruminating on his future. He's focused on doing the court's business, making sure the other justices do their business." The work includes rushing to release remaining opinions on several high-profile cases and setting the docket for the court's fall term. He has been on a physically demanding pace since October, when he had an emergency tracheotomy after being diagnosed with thyroid cancer, for which he later endured weeks of chemotherapy and radiation. The chief justice has released no information about the seriousness of his condition, but his treatment regimen led cancer specialists to conclude he had a serious, invasive form of cancer, with a possibly dire prognosis. "If it was anaplastic cancer, I would not expect him to be doing so well. The mortality rate in most cases is complete at one year," said Dr. Leonard Wartofsky, a thyroid cancer specialist and chair of medicine at the Washington Hospital Center. Wartofsky is not treating Rehnquist and has not seen his medical records. Mum on plansSources close to him say the chief justice has deliberately kept his staff and friends in the dark about his future, believing it would be a distraction to the court's business if the speculation became too rampant. "I think he's happy now just getting his work done, and the work of the other justices done. He takes that leadership role seriously," Garnett said. "And if it comes to a point where he says, 'I can't do the job,' then I think he'll just quit. But we don't know if he's at that point yet." Rehnquist's predecessor, Warren Burger, tipped off the Reagan White House of his retirement in May 1986, according to sources familiar with the situation, but few others knew. In fact, Burger's plans were a well-kept secret when Reagan announced them June 17 along with his decision to elevate Rehnquist to chief justice. Also on hand was Antonin Scalia, selected to replace Rehnquist as an associate justice. Court sources said it is unlikely Rehnquist has consulted with the Bush White House on his plans. The chief justice is known to have a maverick streak on political matters and is a firm believer in the independence of the federal judiciary. Administration officials speak in vague terms publicly, noting they are not aware of any vacancy. Some analysts said the White House does not need a heads-up to name a replacement quickly. "The Bush administration has done a great job in reviewing the candidates, going through their opinions, backgrounds, and speeches," said David Yalof, a political science professor at the University of Connecticut and author of a book on selecting Supreme Court justices. "They've essentially wrapped up their work narrowing a list of replacements and are just waiting quietly for a vacancy." Getting back to workAfter his initial diagnosis and treatments, Rehnquist remained off the bench and away from his court office, although he continued to work from home with the help of his clerks and staff. He returned to his office in December and was back on the bench in March. In between, Rehnquist braved the cold in January to uphold tradition and swear in Bush for a second term. Rehnquist's trachea tube remains in place, leaving his voice scratchy, and he still uses a wheelchair to get around on long trips. On the bench, the chief justice remains alert and mentally sharp, his stern demeanor still in evidence, keeping close watch on the clock and chastising lawyers who stray from their assigned time limits during oral arguments. "He's done so well physically, it's a little surprising," said Wartofsky. He said it is possible there was an initial misdiagnosis. "It could be a more benign form of cancer, or a secondary tumor that has been successfully managed." That Rehnquist has returned to work is encouraging, Wartofsky said. "At his age, he's got to decide how aggressive he wants his treatment to be. There are quality of life issues remaining, with or without chemotherapy," he said. "But the fact he is able to do his job is of great psychological benefit and something we encourage in patients. It shows he's a scrapper, a fighter; he doesn't go into a funk over his illness." "I think he wants to remain, to continue being in a job he loves, and I think he will," said another former clerk. "And the past few months show how determined he is to do it." 
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