Rehnquist's resolve adds to the drama
WASHINGTON -- Supreme Court Chief Justice William H. Rehnquist, ill with thyroid cancer and out of the public eye since undergoing medical procedures in October, made a dramatic appearance nearly at the last minute yesterday at President Bush's inauguration, firmly reciting the oath of office that Bush repeated to begin a second term.
Just minutes before the oath was to be administered, Rehnquist emerged from the Capitol as the last dignitary to arrive for the ceremony. Clasping a cane in his right hand, he gingerly descended the Capitol steps to take his place on the inaugural platform. A scarf hid a tracheotomy tube that the 80-year-old Rehnquist uses to assist his breathing. Wearing his black robe with four gold stripes on each sleeve, he looked wan and tired, possibly from the combined effect of cancer and chemotherapy.
While sounding hoarse, he did not stumble on any of the words of the oath of office that he read to Bush. After the swearing in, Rehnquist shook the president's hand and then left before Bush's address. The message was clear: While looking frail, Rehnquist was still in charge. It was the fifth and most likely final time that he administered the oath of office for the presidency.
"I want you to know how touched I was that the chief justice came to administer the oath," Bush said afterward at a congressional luncheon. "That was an incredibly moving part of the ceremony."
Court observers yesterday watched for signs of Rehnquist's health and speculated about his -- and the court's -- future.
"He is obviously struggling hard to perform," said Laurence H. Tribe, a professor at Harvard Law School and longtime court observer.
While Tribe has disagreed with the conservative Rehnquist on numerous issues, including the case that decided the 2000 election -- Tribe's publications include "The Unbearable Wrongness of Bush v. Gore" -- the law professor said Rehnquist has been among the most effective chief justices.
"Ideology aside, I'd have to give him an A," Tribe said.
Stephen Gillers, professor of law at the New York University School of Law, said that Rehnquist may be best remembered for presiding over the impeachment trial of President Clinton. Rehnquist has served on the Supreme Court since 1972 and been chief justice since 1986.
If Rehnquist does step down soon, Gillers said he hoped it would be after the current session ends in June, so that the court would not have a vacancy at a time when it is deciding cases.
For all the focus on Rehnquist, the court might not be dramatically reshaped if he stepped down because Bush would probably nominate a like-minded replacement.
Material from wire services was included in this report. Michael Kranish can be reached at kranish@globe.com. 