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US Chief Justice Rehnquist dies at his home
The chief justice passed up a chance to step down over the summer, which would have given the Senate a chance to confirm his successor while the court was out of session, and instead Justice Sandra Day O'Connor announced her retirement to spend time with her ill husband. Bush chose Roberts, a former Rehnquist clerk and friend, to replace O'Connor. Rehnquist said in July that he wanted to stay on the bench as long as his health would allow. The president could elevate to chief justice one of the court's conservatives, such as Antonin Scalia or Clarence Thomas, but it's more likely he will choose someone from outside the court. Possible replacements include Attorney General Alberto R. Gonzales and federal courts of appeals judges J. Michael Luttig, Edith Clement, Samuel A. Alito Jr., Michael McConnell, Emilio Garza, and James Harvie Wilkinson III. Others mentioned are former Solicitor General Theodore Olson, lawyer Miguel Estrada and former deputy attorney general Larry Thompson. Rehnquist announced last October that he had thyroid cancer. He had a trachea tube inserted to help him breathe and underwent radiation and chemotherapy treatments. Details of the chief justice's illness and his plans had been tightly guarded. He looked frail at Bush's inauguration in January and missed five months of court sessions before returning to the bench in March. On the court's final meeting day of the last term, June 27, Rehnquist appeared gaunt and had difficulty as he announced the last decision of the term — an opinion he wrote upholding a Ten Commandments display in Texas. His breathing was labored, and he kept the explanation short. He had no public appearances over the summer, although he was filmed by television crews in July as he left the hospital following two nights for treatment of a fever. Rehnquist had an extraordinary career, with many historic milestones. In 1999, he presided over Bill Clinton's impeachment trial from the presiding
officer's chair seat in the Senate, something only one other chief justice had
done. A year later he was one of five Republican-nominated justices who voted to
stop presidential ballot recounts in Florida, effectively deciding the election
for Bush over Democrat Al Gore.
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