Chief Justice William Rehnquist dies at 80

updated 5:06 p.m. ET Sept. 4, 2005

WASHINGTON - Chief Justice William H. Rehnquist died Saturday evening of cancer, ending a 33-year Supreme Court career during which he oversaw the court’s conservative shift, presided over an impeachment trial and helped decide a presidential election. His death creates a rare second vacancy on the nation’s highest court.

Rehnquist, 80, was surrounded by his three children when he died at his home in suburban Arlington. His wife died in 1991.

“The Chief Justice battled thyroid cancer since being diagnosed last October and continued to perform his duties on the court until a precipitous decline in his health the last couple of days,” said court spokeswoman Kathy Arberg.

President Bush, speaking Sunday morning at the White House, called Rehnquist "a man of character and dedication" who was respected for his powerful intellect and commitment to the rule of law.

"He honored America with a lifetime of service and America will honor his memory," President Bush said.

Bush recalled being emotionally moved when Rehnquist, visibly ailing from thyroid cancer, attended the presidential inauguration to swear him in for his second term. “Even during a period of illness, Chief Justice Rehnquist stayed on the job to complete the work of his final Supreme Court term,” Bush said.

Rehnquist was appointed to the Supreme Court as an associate justice in 1971 by President Nixon and took his seat on Jan. 7, 1972. He was elevated to chief justice by President Reagan in 1986.

FREE VIDEO Bush praises Rehnquist Sept. 4: President Bush praises late Supreme Court Chief Justice William H. Rehnquist as a man of “character and dedication.” NBC News

The death leaves President Bush with his second court opening within four months and sets up what’s expected to be an even more bruising Senate confirmation battle than that of John Roberts.

It was not immediately clear what impact Rehnquist’s death would have on confirmation hearings for Roberts, scheduled to begin Tuesday.

Rehnquist presided over President Clinton’s impeachment trial in 1999, helped settle the 2000 presidential election in Bush’s favor, and fashioned decisions over the years that diluted the powers of the federal government while strengthening those of the states.

Arberg said plans regarding funeral arrangements would be forthcoming.

Bush was notified of Rehnquist’s death shortly before 11 p.m. EDT.

“President Bush and Mrs. Bush are deeply saddened by the news,” said White House counselor Dan Bartlett. “It’s a tremendous loss for our nation.” The president was expected to make a personal statement about Rehnquist on Sunday.

Stayed beyond July
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.

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