With the death of Chief Justice William Rehnquist, the United State Supreme Court has two vacancies to fill, and fill quickly if they wish to start the term on October 3 with a full court. John Roberts, who had been nominated to fill the vacancy left by Sandra Day O’Connor, has now been nominated for the Chief Justice position, leaving O’Connor's position wide open.

It is still too soon to say how many justices will sit at the bench for Gonzales v. Oregon on October 5. The Senate hearings to confirm John Roberts were to commence September 6, but with delays from Hurricane Katrina, a state funeral for the former Chief Justice, and the re-nomination of Roberts to replace Rehnquist, who can tell if he will be confirmed by the Court's first day?

Will the show go on? Will they hear cases shorthanded? Or might they even delay the opening of the term? Answers to these questions are unknown, but when and how these positions are filled will certainly play a role in how the case concerning Oregon’s aid-in-dying law will be decided.

If John Roberts becomes Chief Justice in the next few weeks, then he and Justice O'Connor will probably both hear the case. It is unlikely that a replacement for Justice O'Connor will be nominated and confirmed by October 5. Having Justice O'Connor hear the Oregon case could be fortuitous. She is familiar with the issues, having served on the court in 1997 when Compassion & Choices' Quill and Glucksberg cases were heard. In her opinion there, she declared the states' political process could be trusted to "strike the proper balance" and regulate aid in dying.

What if John Roberts cannot be confirmed by the October 5th hearing of Gonzales v. Oregon and the court proceeds with eight justices? If the Justices split 4-4, the ruling of the 9th Circuit Court of Appeals stands—that Ashcroft's directive overstepped authority to interfere in Oregon law.

The bottom line is that the United States Supreme Court gets to make the ultimate decision. It could even decide to rehear the case after the final makeup of the court is decided.

Compassion & Choices will keep you apprised of developments. Be sure to check back soon.

Compassion & Choices will host a briefing following the hearing on October 5. You can be part of the briefing. Dial 1-800-270-1433 . This is a conference call style briefing. Compassion & Choices’ staff and attorneys will provide an analysis of the court proceedings starting at 1 PM Eastern Daylight Time. Join us.

Compassion & Choices is the nation's largest organization dedicated to providing access to privacy, choice, dignity and autonomy in end-of-life care decisions. Currently, Oregon is the only state in the nation with a legal aid-in-dying law; we believe this right should be available to all people in the nation.