WASHINGTON – The last day of the Supreme Court’s term was overshadowed by anticipation of an announcement that did not come, at least not Monday.
Chief Justice William Rehnquist, 80, kept the many legal notables in the marble courtroom waiting on the edge of their seats for word that he was retiring.
Suffering for months with a severe form of thyroid cancer, “the chief,” as he is known around the court, labored mightily to get through the ritual of the last day. Between nearly every phrase he gasped for breath through a tube in his throat. A friend said afterward that he looked “bad.”
Rehnquist called on several of his fellow judges to announce a number of major decisions. He then announced his own majority opinion approving the display of the Ten Commandments outside the Texas state Capitol. But, departing from custom, he merely stated the result, not the rationale.
But the chief justice, known for his severe manner with lawyers arguing before the court, dispelled some of the tension after reading the lengthy list of separate opinions in the case.
“I didn’t know we had that many people on our court,” he said, as the hushed courtroom erupted in laughter.
But the lack of an announcement Monday does not mean he will not retire. Today, the court clerk’s office releases the court’s final orders, and some speculated that an announcement could come then.
There is, however, no real pattern in recent retirements. Each of the justices has lifetime tenure and is free to retire at any time.
Other court action
The Supreme Court says some Ten Commandments displays OK, some not. Page A1
The entertainment industry can sue technology companies caught encouraging customers to steal music and movies over the Internet, justices rule. Page D4
Other actions the Supreme Court took Monday:
* Decided 6-3 that cable companies may keep rival Internet providers from using their lines.
* Ruled 5-4 that an appeals court improperly gave a Tennessee death row inmate a second chance.
* Rejected appeals from two journalists who have refused to testify before a grand jury about the leak of an undercover CIA officer’s identity.
* Ruled 7-2 that police cannot be sued for how they enforce restraining orders.
* Agreed to clarify when evidence collected during improper police searches can be used against a criminal suspect.
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