Rehnquist may be more seriously ill than we knew

[WilliamPitt]

This sets up an interesting situation. If Rehnquist is not on the court, and an election beef comes up and goes all the way to that court, the possibility of a 4-4 tie among the Justices looms.

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http://news.findlaw.com/ap/a/w/1154/11-1-2004/20041101100007_25.html

Rehnquist Undergoing Radiation and Chemo
By GINA HOLLAND Associated Press Writer

WASHINGTON (AP) - Chief Justice William H. Rehnquist disclosed Monday that he's undergoing radiation and chemotherapy for thyroid cancer and said he is delaying his expected return to the Supreme Court, a sign he may have a more serious form of the illness.

Rehnquist had planned to join fellow justices when they were back on the bench after a two-week break. But instead he issued a statement saying "at the suggestion of my doctors, (I) am continuing to recuperate at home."

Rehnquist was released from a Maryland hospital last Friday after undergoing surgery to have a tube inserted in his throat to help his breathing.

The court has released no details about his weeklong stay at Bethesda Naval Medical Center, except to say that he had a tracheotomy. The type of thyroid cancer and its severity have not been disclosed.

Rehnquist, 80, revealed the cancer diagnosis a week ago, prompting speculation about a court vacancy for the first time in more than a decade. The winner of Tuesday's presidential election is expected to name one or more justices to a court that is deeply divided on issues like abortion, affirmative action and the death penalty.

...more...

[maxsolomon]

1. the house of reps will handle a tie in the EC

the supreme court won't touch this with a 10 foot pole.

[Pacifist Patriot]

20. An EC tie isn't the only issue though.

Court challenges regarding election procedure could force SC involvement.

[Name removed]

2. Deleted message

Message removed by moderator. Click here to review the message board rules.

[Padraig18]

9. What an AWFUL thing to say!

Shame on you!

[Democat]

3. Hopefully he won't retire before Kerry takes office

The Republicans will try any dirty tricks, even against their own, so I would watch my back if I was Rehnquist. His own party will try to force him out immediatly if Kerry wins so they can do a recess appointment.

[HereSince1628]

4. Wishing no ill to Rehnquist, I sure don't want Scalia as chief judge

GET OUT AND VOTE FOR KERRY!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!

[Walt Starr]

5. If the electors do not submit votes by January 6

The electors that do submit votes are counted. (I checked this out).

This is how Lincoln won in 1864 with Southern states not submitting electors.

For example, if Ohio cannot resolve the issue in time, then only 518 Electors are appointed and the magic number for election becomes 260.

Scary, huh? I guarantee, Rove has a lawsuit strategy that works along these lines.

[Walt Starr]

7. Oh, and then there's the recess appointment route

The Shrub can always appoint a justice via the recess appointment route as long as Congress is on recess.

[slappypan]

6. it's like the old Soviet Union days

The Party announces, "He has a minor cold. But he is in robust health!" Then the next week, "Actually, he's dead!"

[nothingshocksmeanymore]

8. Won't be a 4-4....I think Scalia and Thomas will get marginalized

Kennedy already regrets his mistake and O'Connor didn't retire for a reason

[freetobegay]

10. If it's a 4-4 split

The lower courts ruling will stand.

[htuttle]

11. Five years ago, we never would have dreamed the election...

...would be decided in the Supreme Court.

Now it's factored into our election models.

Sorry, that just sort of struck me just now.

[WI_DEM]

12. What will happen if Kerry wins election and the Chief resigns before

Inaugural day? Will Bush try to appoint a successor?

[Pacifist Patriot]

19. Absolutely!

This is what terrifies me. He could most certainly nominate a successor and a Republican held Senate could expedite the approval.

[Eurobabe]

13. Justice Rehnquist May Have Anaplastic Thyroid Cancer

I have been on a thyroid list now for over a year, here's what the list owner has said about Rehnquist...doesn't look good.

Justice Rehnquist May Have Anaplastic Thyroid Cancer
http://thyroid.about.com/b/a/123144.htm

Today's news that Supreme Court Chief Justice William Rehnquist was unable to return to the Court this morning, and that he is undergoing chemotherapy and radiation after last week's tracheotomy for his thyroid cancer, suggest that Rehnquist may be suffering from the anaplastic form of thyroid cancer.

Anaplastic thyroid cancer is a rare, aggressive and usually lethal form of thyroid cancer that most often affects men over 65. Symptoms typically include hoarseness, and a tumor that may invade the windpipe, making breathing more difficult. It was reported last week that Rehnquist, who has not revealed the type of thyroid cancer he is suffering, underwent a tracheotomy to help ease breathing, but did not discuss thyroidectomy and radioactive iodine -- the more common treatments for thyroid cancer. Chemotherapy is not used for thyroid cancer, except in rare cases for anaplastic cancer that has spread.

Dr. Herman Kattlove, an oncologist and medical editor for the American Cancer Society, told Bloomberg that "the announcement suggests that Rehnquist is suffering from anaplastic thyroid cancer. According to Kattlove, "It's rarely, if ever, curable, and most patients die within a few months.''

Dr. Ann M. Gillenwater of the University of Texas M.D. Anderson Cancer Center in Houston told the Associated Press that said that "the combination of chemotherapy and radiation is the normal treatment for anaplastic thyroid cancer."

[BayStateBoy]

15. That's what I suspected when I heard about his tracheostomy

It was the most likely differential diagnosis.

[David Zephyr]

14. American History is Filled With Great Irony.

Here is the very man who led the Supreme Court to intervene in the 2000 election and violate the expressed will of the people and the American democratic experience...now dying on the very eve of the following election. There must be some very heavy pondering going on within the miserable and hateful soul of William H. Rehnquist.

[Ilsa]

16. More irony:

Pat Robertson was praying for the deaths of the more liberal justices. I wonder if he learned a lesson from this?

[spanone]

17. This was discussed on NPR today.

They said that in the case of a 4-4 tie in the Supreme Court, that the lower court ruling would stand. So in the 2000 election, the recount would have continued.

[AntiCoup2K4]

18. If it were to come down to the SCOTUS this time

I'm not so sure O'Connor and Kennedy would tow the BCE party line. I get the impression those two really regret their part in Junior's selection.

With Billy sitting this one out, Fat Tony and Clarabelle the Clown would be on their own.

Net result 6-2 in favor of Kerry, or continued ballot counting, or whatever the case may be.

[Pacifist Patriot]

21. I think you could be right....I hope.

[Beetwasher]

22. Hmmm, I Wonder If This Is The REAL STORY, Or If Kerry

is playing a bit of hardball of his own w/ these thugs and criminals...Imagine that, the evil that is Rhenquist is taken out on the eve of the election and the USSC is now irrelevant to the outcome! If I didn't know any better, I might say that was a message! Or at the very least some serious evidence of karma! Nahh, probably just a coincidence... :evilgrin: