Go With Grace?

AP Wire, July 14, 2005, 9:00 PM: "I am not about to announce my retirement. I will continue to perform my duties as Chief Justice as long as my health permits."

And so ends all media speculation as to the retirement plans of Chief Justice William Rehnquist. I guess the press can now take down their emblazoned tents, pack up their kit bag, and prepare for immediate departure to the doorstep of D.C. United States Court of Appeals Judge John Roberts, whom President Bush just announced to replace retiring Justice Sandra Day O'Connor.

It is worth noting that the L.A. Times reports that Supreme Court colleagues state that Justice Rehnquist’s illness has not affected his abilities; “…he was fully prepared to discuss and debate the cases that were voted on in the court's private conference each week. Rehnquist led off the discussions, and he was known for running the meetings efficiently. His written opinions were clear and concise.”

That’s nice.

We’ve all heard of the infamous blue shield. Is this a facsimile “marble shield” simply serving to “protect thy own”?

As a physician, I have seen the denial and disbelief many times. Fact: Justice Rehnquist’s health problems have forced absences from the bench and emergent hospitalizations. Fact: He has cancer, and at 80 years of age faces a difficult life challenge regardless of the specific cancerous species. Fact: He is the Chief Justice. Remember, this position carries with it the awesome power and responsibility of leading the judicial branch; one of the three balance powers of our uniquely American government. This ain’t just a sack-boy job down at the local grocery.

Political analyst Dick Morris has stated, "If he has any sense of responsibility to the Republican Party, he has to give George Bush some wiggle room.” Keep in mind, even if Judge Rehnquist considers himself fully capable, we must all wonder how long it will be so. As a confirmed conservative, he needs to consider the timing of his departure and of the nomination process that will eventually replace him. “Who” and “when” this replacement process occurs become very big issues in the Supreme Court Justice game.

Let me be clear, I am not calling for his imminent resignation. To do so would be unfair; I do not know the man personally, I am unaware of his health details, I cannot see into the man’s cognitive processes.

I just hope that Justice Rehnquist does not allow a personal hubris of perceived importance, uniqueness, and immortality to affect his decision to retire, as the ramifications can truly become “larger than life”. I only request that he consider the responsibility of his position to the American people and to our future generations, as his actions in this role can affect our way of life for decades, and likely much longer.

Judge Rehnquist, please choose wisely and with clarity of purpose.