Washington — Chief Justice William Rehnquist's health is shrouded in mystery, the extent of his thyroid cancer a closely guarded secret. Several coming events could give the public an idea about the severity of his condition.
Since announcing his illness in a statement Oct. 25, the 80-year-old Rehnquist has run the nation's highest court from his home in suburban Virginia.
He rules on cases by reviewing transcripts of arguments and passing along his votes to justices. Opinions are largely researched and drafted by law clerks.
The only update on his condition came in a short statement from the court three weeks ago. It said he was receiving chemotherapy and radiation treatments, which some doctors said suggested a fast-spreading cancer.
Speculation about whether he will step down and give the court its first opening since 1994 has swirled since disclosure of the illness. Three events could offer telling signs of Rehnquist's future after nearly 33 years on the high court, the last 18 as chief justice.
- The return of the court, which next hears arguments Nov. 29.
- The annual court Christmas party Dec. 17, an event Rehnquist relishes.
- President Bush's inauguration on Jan. 20. The chief justice normally swears in the president.
The court can function indefinitely without a chief justice; the only constitutionally required duty is to preside over a presidential impeachment trial. But the pressure on Rehnquist to disclose his plans will become too great for him to remain silent, predicted David Garrow, a law professor at Emory University.
"I don't think things will stay in abeyance beyond January," he said.
If Rehnquist does not appear at Bush's inauguration, it would be only the ninth time the chief justice did not administer the oath. The last time was Nov. 22, 1963, when a U.S. district judge swore in Lyndon Johnson on Air Force One after President Kennedy's assassination.
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