Chief Justice Rehnquist issued a statement yesterday that he was not going to announce his retirement and that he intended to continue on the court as long as his health permits:
Squelching rumors of his retirement, Chief Justice William H. Rehnquist said Thursday he will continue heading the Supreme Court despite his battle with thyroid cancer. "I'm not about to announce my retirement," he said in a statement obtained by The Associated Press."I want to put to rest the speculation and unfounded rumors of my imminent retirement," said Rehnquist, 80. "I will continue to perform my duties as chief justice as long as my health permits."
So I guess that's that. That leaves only one nomination pending to replace Justice O'Connor. When I was on the Harry Browne show, I was asked to give some names of who I would pick if I was the President. That's an easy question for me - Richard Epstein and Randy Barnett. Neither has a chance in hell of being nominated by any conceivable administration in Washington, which says far more about the nature of our political system than about their eminent qualifications for the job.
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"...as long as my health permits."
That, Mr. Chief Justice, is precisely why we imagine that someone else will be doing your job, come this fall. So cut us some slack.