Brennan Has Operation on Gallbladder

Supreme Court Justice William J. Brennan Jr., who was said last week to be suffering from pneumonia, had his diseased gallbladder removed Monday afternoon, a court spokesman said.

The court’s 82-year-old liberal leader came down with a fever and chills Thursday and was taken by ambulance to Bethesda Naval Hospital. He was treated with antibiotics, and his doctors reported that he was improving through the weekend.

But, on Monday, the doctors concluded that the infection was not caused by pneumonia. “What was thought to be pneumonia was actually a gallbladder problem,” court spokesman Toni House said.

Recovering Normally

Because of Brennan’s advanced age and his crucial role on the high court, reports of his illness have sent a shudder through some legal circles in Washington. However, aides to the justice and court personnel have assured reporters that Brennan is recovering normally and that his condition is not serious.

“He expects to be in the hospital for a week and back at work before Jan. 9,” the day the justices return from their holiday recess, House said.

Brennan, who was appointed to the court by President Dwight D. Eisenhower in 1956, suffered an array of health troubles in the late 1970s, including a cancerous growth on a vocal cord and a slight stroke in 1979. In recent years, however, his health has been good.

Author of Opinion

Brennan was the author of a court opinion issued earlier Monday declaring that the opinions of a government investigator are not hearsay and may be included as evidence at a trial. In general, only facts, not opinions, can be used as evidence, but Brennan concluded that the opinions contained in an official investigation are based on facts and therefore are “trustworthy” as trial evidence.

His opinion, for a 7-2 majority, was Brennan’s first of the fall term. It was read in his absence by Chief Justice William H. Rehnquist.