Another correspondent notes that the Chief Justice’s participation in today’s death penalty ruling was not all that unexpected because of when the case was argued. The death penalty case was heard in October, when Rehnquist was still sitting. For cases heard in November, however, Rehnquist announced that he would only participate where necessary to break a tie. Given that there have been several recent opinions noting that Rehnquist did not participate, this wrinkle was easy to forget.