U.S. Chief Justice Undergoes Surgery for Thyroid Cancer (New York Times ). The Court is aging; only one justice is under 65 years of age. (Unfortunately, the youngest justice with the likely longest Supreme Court career ahead of him is the worst, Clarence Thomas, at 56, but what will he do after Rehnquist is no longer on the Bench, since he seems to ape Rehnquist’s position in the preponderance of cases?) There has not been a new appointment to the Bench in ten years. It is serendipitous that the news about Rehnquist breaks now, in the final run-up to the election, alerting the electorate as it does to the expected opportunity for one or more likely several appointments to the Court during the administration of whoever wins next week. Arguably, the upcoming Supreme Court appointments will be the most lasting legacy of the next president. That alone is reason to defeat the smirking chimp.

Rehnquist’s cancer appears to be advanced, to judge from the fact that he had a tracheostomy. Yet the Chief Justice says he will continue to work. There would be nothing to be gained from his resignation now even if he does want to hand an appointment to Bush before he leaves. A lame duck Bush appointment would be blocked by outraged Senate Democrats… one would hope.