During the coming week, the US Senate will be struggling with a question that will affect the path of American constitutional law for decades. While senators are battling over Democratic efforts to filibuster George W. Bush's nominees to the courts of appeal, this conflict will set the stage for a larger struggle in June, when William Rehnquist is expected to announce his retirement as chief justice of the Supreme Court.

Mr Rehnquist's retirement will be the first of a series. Eight of the court's nine justices are over 65. Depending on the new appointments, the court may continue down its present course or launch revolutionary changes in constitutional principle. Under existing rules, it takes 60 senators to terminate debate, enabling Democrats to filibuster judicial nominations that pander too obviously to the religious right. But rightwing activists are pressing the 55 Senate Republicans to allow a simple majority to confirm the president's judicial nominations.