High Court Has No Rules Governing Health

Supreme Court Justice John Roberts, right, leaves the Penobscot Bay Medical Center, Tuesday, July 31, 2007, in Rockport, Maine. Roberts was admitted on Monday after suffering what doctors described as a "benign idiopathic seizure." (AP Photo/Robert F. Bukaty) (Robert F. Bukaty - AP)

The disclosure of Roberts' seizure also called attention to a thorny issue at the court _ protecting the justices' privacy and especially news about their health. By practice, justices typically approve the release of any information about their health.

Local news outlets in Maine might have forced the court's hand in releasing information because they picked up first word that something had happened to Roberts through police and fire scanners.

The court issued an initial statement around 3:15 p.m. EDT, little more than an hour after the incident. It said only that Roberts had fallen and was taken to a hospital.

With national news sources now following the story closely, the court confirmed at 6:45 p.m. EDT that he had suffered a seizure. But the court provided no details of what tests Roberts underwent or whether he has been prescribed medication.

Rehnquist also withheld details when he was hospitalized in 1981. At the time, a hospital spokesman said Rehnquist experienced a "disturbance in mental clarity" after he abruptly stopped taking a powerful sleeping aid for his chronic back pain.

Rehnquist's FBI file, released in January, reported that his withdrawal symptoms included going to the hospital lobby in his pajamas in a bid to escape. He imagined that there was a Central Intelligence Agency plot against him, and he also seemed to discern changes in the patterns on the hospital curtains.

Rehnquist thought he heard voices outside his room discussing various plots against him.

Prior to the hospital stay, Rehnquist experienced slurred speech, possibly from long-standing reliance on the drug. The problem never recurred after Rehnquist returned to the court early in 1982.

More recently, Kennedy said nothing publicly when he had the stent inserted. The procedure took place with the court in a state of flux, two months after Rehnquist's death and with Justice Sandra Day O'Connor's retirement pending.

Ten months later, with Roberts and Justice Samuel Alito on the court, Kennedy acknowledged the stent when he had to have it replaced.

The clearest example of a justice's declining health affecting the workings of the court is William O. Douglas. "Most justices of that era did step down when they were seriously ill or incapacitated. Not Douglas," Howard said.

The longest-serving justice, Douglas had a serious stroke on Dec. 31, 1974, but insisted he was still able to do the job, telling fellow justices, friends and reporters that he was giving no thought to retirement.

Douglas' colleagues, however, believed otherwise. They dragged out their deliberations in cases in which Douglas was the decisive vote.

Finally, 10 months later, unable to make it through open court sessions and private conferences, Douglas quit.