The Supreme Court ended its term Monday with no retirement announcements from any justices.
A retirement could come later, however, in a letter to the president or press release.
In court, Chief Justice William H. Rehnquist struggled to talk and thanked court employees for their work over the past year before he adjourned the term.
Justices ruled in several major cases, including Ten Commandments appeals from Texas and Kentucky and a case involving illegal online swapping of songs and movies.
Rehnquist, 80, handled one of the Ten Commandment cases and had to clear his throat several times. He breathed heavily and kept the announcement brief. The chief justice has thyroid cancer and a trachea tube to help him breathe.
Most of the retirement speculation has focused on Rehnquist, who has cancer, and Justice Sandra Day O'Connor, 75.
Hundreds of people waited for seats in the courtroom. The first people arrived at 1 a.m. and brought blankets.
“There’s enormous drama and anticipation. Is he going to announce his resignation? Are we going to spend this summer in a confirmation fight?” said Erwin Chemerinsky, a Duke law professor.
“It’s a big day. History being made, that’s a lot of what it’s about,” said Maureen Mahoney, a Washington lawyer and former Rehnquist law clerk.
Also expected among the public are nine women in judicial robes who call themselves “Roe Rangers,” to bring attention to uncertainty about the court’s makeup and abortion rights.
Watching Rehnquist
On its final day, the justices ruled on the legality of public displays of the 10 Commandments -- and on the liability of Internet file-sharing services for clients’ illegal swapping of songs and movies.
But overshadowing it all was Rehnquist’s health and questions about the future of the court, which has not had a vacancy for 11 years, a modern record.
“More people are paying attention to the court than they have in years even though the docket has not been earthshaking,” said Vikram Amar, a law professor at the University of California, Hastings and a former Supreme Court clerk. “It changes the importance of this year in Supreme Court history.”
In addition to Rehnquist, 80, older members of the court include O'Connor, and Justice John Paul Stevens, 85.
Rehnquist was absent from the bench for five months after disclosing in October that he had cancer. He has refused to say whether he has the most serious type of thyroid cancer. He speaks with difficulty because of a trachea tube inserted to help him breathe.
“One or two justices may announce their retirement on Monday. Or none may,” said Suzanna Sherry, a law professor at Vanderbilt University who specializes in the Supreme Court. “In the past there has not been this kind of anticipation.”
Rehnquist could wait until later in the day after justices hold their last private meeting of the term to make an announcement. He also could wait until later in the week, after the crowds have left the court.
