Watching the coy little dance Justice Rehnquist is

performing with the media — will he resign or won’t he? — it occurs to me

that there is a point of ethics here.

To wit: Wouldn’t it be better for the Republic just to KNOW? If Rehnquist

has decided to resign, shouldn’t he just tell us so? If he has decided to

stay for another term, shouldn’t he tell us that? And if he hasn’t made up

his mind one way or the other, would it hurt to put out a statement along

the lines: “I have made no decision as to whether to sit for another term or

not. I expect to decide in a week or so”?

I can’t see how this little see-if-you-can-guess routine enhances the

dignity of the Court, or the health of the Republic.