Ailing Chief Justice Back On Bench

Ailing U.S. Chief Justice William H. Rehnquist feels well enough to return to the bench for the first time in five months, a court spokeswoman said Monday.

Rehnquist, 80, planned to sit for two hour-long arguments Monday, when the court returned from a two-week break, Kathy Arberg said. "He'll be there," she said.

Rehnquist last sat for arguments Oct. 13. He has been seen in public only one time since announcing on Oct. 25 that he had thyroid cancer and was undergoing a tracheotomy to aid breathing.

He has been working regularly at the court for many weeks, presiding over private meetings of the justices, reading transcripts of the arguments and voting on decisions, but not appearing for arguments.

Rehnquist made his only public appearance in January, when he swore in President George W.Bush for a second term. He walked with a cane, looked frail and his voice sounded weak, but he was able to perform his duties.

Rehnquist presided last week over a two-hour, closed-door meeting of the Judicial Conference of the United States, the policy-making body of the federal judiciary. Attendees say he showed good humor and moved under his own strength.

Rehnquist's illness has led to speculation that he will step down, giving the court its first opening since 1994. While such an announcement could come at any time, justices typically wait until the term ends to leave to avoid an extended vacancy and the possibility of 4-4 votes.