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Chief Justice Rehnquist and the Future

by John F. Tamburo, Editor in Chief, Publisher
Originally Posted: 10/25/2004

Chief Justice William Rehnquist was today hospitalized for the treatment of Thyroid Cancer.  My prayers go with him and his family.  I sincerely hope that the Chief Justice makes a full recovery.  He is a fundamentally good man who deserves our accolades for developing an outstanding body of law in a very stable court.

Thyroid cancer strikes close to my heart; my wife was diagnosed with it in 1991, and underwent two surgeries and radioactive treatment.  She is on pills for the rest of her life.  But, thank God, she is physically well and a cancer survivor.  Thyroid cancer, depending on the type, can be easily treatable, and has a high survival rate.

That said, it’s time to note that the Supreme Court is full of justices that are waiting on the election to see if they retire.  Justice Stevens is in his eighties, and is the most liberal member of the court.  He is apparently holding out for a Kerry presidency, in the hope that he could appoint another activist ultraleftist to the Court.  Many suspect that Justice Ginsburg is in the same posture.  The Chief Justice is also rumored to want to retire. 

Therefore, this is another reason, added to the millions of others out there, to vote Bush.  Justice Stevens will not be able to hold on for four more years, Justice Ginsburg wants to retire for health reasons, and the C.J. is not well as we now know.  If Justice O’Connor also wants to retire, then that’s four justices from one sitting president.  Of course, unless we have 60 Republicans in the Senate, it’s four vicious nomination fights.

Here’s my suggestion to our beloved President After the inauguration, you will probably get one or two retirements, the first being the C.J.   Please elevate Justice Thomas to be the C.J.  I was going to say Scalia, but in retrospect, he’s very opinionated and vocal.  Clarence Thomas as C.J. is an excellent fit.  He is a thinker, not a talker.  Please appoint Miguel Estrada to the court to fill the Thomas vacancy.  Then when Justice Stevens retires, I would recommend Judge Frank Easterbrook of the 7th Circuit.  To replace Justice Ginsburg, I would recommend Judge Carolyn Kuhl of the 9th Circuit.  To replace Justice O’Connor if she retires, I would tap Senator Orrin Hatch of Utah.

This would redesign the court and make it a place where the Constitution, not the whims of a left-leaning bench, reigns supreme in the Supreme Court.