On Saturday, Justice Antonin Scalia died at age 79. What happens now at the Supreme Court? In 2004, after Chief Justice William Rehnquist was absent from the court after an operation, Brendan I. Koerner asked what happens when the Supreme Court has eight justices. The original is reprinted below.
Despite his plans to the contrary, Chief Justice William Rehnquist has yet to return to the Supreme Court after his tracheotomy last week. Instead, according to an official statement released yesterday, the 80-year-old Rehnquist will be working from home as he recuperates. How will the court function in Rehnquist’s absence, especially if another contested election gets thrown its way?
Although he is confined to his house for the time being, Rehnquist can still participate in Supreme Court decisions. Justice John Paul Stevens, who is subbing as chief justice with Rehnquist gone, made this clear yesterday when he commented that his cancer-stricken colleague “reserves the right” to cast his vote in upcoming cases. That includes cases for which the chief justice isn’t physically present for oral arguments; he will rely on transcripts and written briefings instead.
