Exclusive: Rehnquist mulling retirement

Chief Justice William Rehnquist, who has been on the Supreme Court for 32 years — and its leader since 1986 — is contemplating retirement, he reveals in an exclusive interview with NBC News national correspondent Jamie Gangel aired on the "Today" show.

Rehnquist, who has presided over many of the controversial cases of our time, including the disputed Bush-Gore election battle, has written a new book about another presidential election that ended up in front of the Supreme Court in 1876 called "Centennial Crisis."

In the interview, he discussed the book, his thoughts on retirement and some of the attention-grabbing controversies with which he has been associated.

In public, Chief Justice Rehnquist is one of the most conservative members of the court, with a reputation for being stern. But as he gave us a tour of the court and his chambers, we saw another side, the man friends know best for his self-deprecating wit:

Jamie Gangel:  “And up there?”

Chief Justice William Rehnquist:  “That's my wife and I right after I was appointed, I can't believe I ever had my hair that way.”

Gangel: “I was going to say those sideburns were famous chief.” Road map to the Supreme Court

Rehnquist: “They didn't last long.”

And he's not afraid to give a place of honor to this Lone Ranger doll, a gift from his law clerks.

Gangel: “They gave it to you because?”

Rehnquist: “Because they felt I was so often in disagreement with the majority of the court.”

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Gangel: “In the early years you really were the Lone Ranger.”

Rehnquist: “To a certain extent, yes.”

But he granted this rare interview to discuss his new book, a story with a striking resemblance to the contentious Bush-Gore election battle in which his court played such a decisive and controversial role.

Gangel: “You know Chief Justice, everyone is going to look in this book for clues for a connection with the election in 2000. Are there any clues in the book?”

Rehnquist: “I really don't think there are.”

That said there are striking similarities. An amateur historian, Rehnquist retells the story of another bitterly disputed presidential election -- the 1876 race between democrat Samuel Tilden and republican Rutherford B. Hayes. So close it, too, was decided by Supreme Court justices. “I think everybody seemed to know that it was going to be close going in. Of course the results in those days came in by telegraph and there weren't any exit polls. So people were a lot slower to find out what was going on. The New York Times, which in those days was very pro-republican, said, you know, ‘election undecided,’” says Rehnquist.

There was controversy over voter fraud, months of partisan wrangling, and in the end, the republican candidate won.

Rehnquist: “About four in the morning on March 2, Hayes was declared president and he served -- he served a term.”

Gangel:  “He was called ‘Ruther…?’”

Rehnquist:  “He was called ‘Ruther- Fraud’ by the democrats.” (Laughs)

It does sound remarkably familiar, but if you want to know what the chief justice thinks about the Bush-Gore case and the criticism of his court, you will have to read between the lines.

Gangel: “If you would read from the epilogue.”

Rehnquist:  “Sure, ‘those who decide the contest with inevitably be subject to criticism by the party whose candidate is the loser.’”

Gangel: “Were you writing about 1876 there or 2000?” (Laughs)

Rehnquist: “Well, I think you could say that it applies to either one.”

And that's as close as you'll get. But in his own sphinx like way, the chief justice did comment on some current controversies.

Should Chief Justice Antonin Scalia recuse himself from a case involving Vice President Dick Cheney because the two went on a recent hunting trip?

The chief justice wouldn't comment directly but told a personal anecdote to suggest that socializing with a justice might be ok.

Gangel: “You like to play cards?”

Rehnquist: “Yes.”

Gangel: “You have a well-known poker game in town.  If someone in your game had a case before the courts would you recuse yourself in that case or not necessarily?”

Rehnquist: “No.”

Gangel: “You wouldn't?”

Rehnquist: “No.  If it were a regular game and that sort of thing and the only occasion on which I saw the person was at the monthly game, no -- no, I don't think I’d recuse myself.”

It is vintage William Rehnquist, but on the Supreme Court, nuance matters. And even now after 32 years, Rehnquist admits, it took some getting used to. “In fact, one statement is that, for the first couple years you wonder how you got there and after that you wonder how the others got there.”

Rehnquist got to the court thanks to President Richard Nixon. But until our interview, the chief justice says he had never heard this rather extraordinary exchange between Nixon and then Attorney General John Mitchell discussing his nomination, and his religion.

President Richard Nixon: “Incidentally, what is Rehnquist? I suppose he's a damn Protestant.”
John Mitchell: "I’m sure of that."
President Nixon: "That's too damn bad.  Tell him to change his religion." 
Mitchell: "All right, I’ll get him baptized this afternoon."  (Laughter)

Gangel: “You never heard that?”

Rehnquist: “No, I never -- this is the first time I’ve heard that very, very funny conversation.”

Gangel: “How do you feel about that?”

Rehnquist: “If it helped getting me nominated, I feel fine about it. I was not re-baptized I should hasten to add.” (Laughs)

These days, Rehnquist knows there's much speculation about whether he plans to retire and admits he thinks about it.

Rehnquist: “Well, at age 79 you can't help but thinking about retirement.”

Gangel: “Seriously?  Are you making news here?”

Rehnquist: “No, I’m not. I assure you I’m not making it.  I’m just saying, when you get to be 79-years-old you know your life expectancy isn't what it once was and you've got to think about the possibility of retirement.”

Gangel: “For the foreseeable future though, you're staying on the court?”

Rehnquist: “Well, I’ll just stick with what I just said.”

No doubt that will lead to a new round of speculation and as for the still smoldering controversy about the court and its Bush-Gore decision, the chief justice voices no regret.

“I think that -- how the nation's government in all its various branches deal with something that seems to be a crisis at the time -- how do you go about solving it? It's a credit to the American system that it came out, came out the way it did.”