The U.S. Supreme Court reconvened today but it was without Chief Justice William Rehnquist. The 80 year old Rehnquist remained home under the advice of his doctors as he continues to undergo radiation and chemotherapy treatment for thyroid cancer. Initially, it was expected that the Chief Justice would take the bench again when the court returned after a two week break but he was not given clearance to do so.

'According to my doctors, my plan to return to the office today was too optimistic,' Rehnquist said. 'While at home, I am working on court matters, including opinions for cases already argued. I am, and will, continue to be in close contact with my colleagues, my law clerks and members of the Supreme Court staff.'

Despite the setbacks there is still no talk of Rehnquist retiring although that may change depending on the outcome of Tuesday's Presidential election. The Chief Justice is one of the more outspoken conservatives on the court. He was appointed to the Supreme Court by Richard Nixon in 1972 and later selected by Ronald Reagan to be Chief Justice in 1986. The Supreme Court remains closely divided between conservatives and liberals on issues like abortion rights, affirmative action and separation of church and state. It is expected that the winner of Tuesday's election will appoint one or more new justices which could tilt the balance of the court for years to come.

Rehnquist was released from Bethesda Naval Medical Center this past Friday after a week long stay which included a tracheotomy to help him breathe. There is still no full report on his long term prognosis.