It feels a bit unseemly to talk about how the health of an octogenarian will affect this year’s presidential election, but the debate is raging over the impact Supreme Court Chief Justice William Rehnquist’s illness could have on the race.
On Monday, the court announced that Rehnquist was being treated for thyroid cancer, but that it would not affect the calendar or pending cases.
Immediately, talk began over the Supreme Court, with both conservatives and liberals hoisting up the rhetoric about how the next president – whether it’s George Bush or John Kerry – might appoint one or more justices.
It’s a real possibility, but not a certainty. Already, the court has gone 10 years without a vacancy and, while the judges are getting older, there’s no telling what they will do.
But to play out the string, liberals shouldn’t dismay. If Rehnquist retires during a second Bush term, it’s unlikely a more conservative judge could be appointed. And if Kerry’s in office, Republicans can be assured that a friendly Senate could effectively moderate any choice he might make.
Could the next president have a major impact on the Supreme Court? You bet. But no president can guarantee a court bent to his will. Consider Associate Justice David Souter, appointed by President George H.W. Bush. He hasn’t turned out like many people expected.
Comments are no longer available on this story