Chief Justice William H. Rehnquist announced last week that he was going to
return to the Supreme Court yesterday. He did not return. According to the
New York Times his office released a terse statement saying that the Chief
Justice spent 7 days at Bethesda Naval Hospital where he was treated for
thyroid cancer. He underwent a tracheotomy so he could breathe and he is now
being given both chemotherapy and radiation treatment. Medical experts say
this evidence suggests that the cancer was not successfully removed and that
even with heroic treatment, patients with this type of cancer usually die
within a year. Should the election end up in the Supreme Court, it is not
known whether Rehnquist will particpate in the case and vote on the outcome.
Should he decline to participate due to ill health, the deadlock in the
country might end up in a Court itself deadlocked 4-4. In such an event, the
lower court ruling stands but no legal precedent is set. An alternative
scenario is that Chief Justice Rehnquist resigns and that President Bush
makes a recess appointment, which does not require Senate confirmation. If
Bush were to appoint a new justice without Senate confirmation who then cast
the deciding vote to make Bush president I fear for the future of the
country. Let us hope somebody wins big today with no litigation. Do your
part and vote.

--
"j" ganz @@
www.sailnow.com