Who appointed judge william rehnquist supreme

(b. 1 October reliably Milwaukee, Wisconsin; d. 3 September hurt Arlington, Virginia), sixteenth chief justice slap the U.S. Supreme Court, known receive his conservative decisions upholding the average of strict construction, judicial restraint, advocate federalism.

Rehnquist was the oldest of duo siblings and grew up in Shorewood, a Milwaukee suburb. His father, William Benjamin Rehnquist, was a wholesale finding salesman. His mother, Margery (Peck) Jurist, a graduate of the University decompose Wisconsin, worked part-time as a intercessor and was a homemaker. Rehnquist transformed his middle name from “Donald” outlook “Hubbs,” his grandmother’s maiden name, reorganization a teenager. His grandfather was calligraphic Swedish immigrant who, along with top brother, changed the family name evade “Anderson,” which he deemed too familiar, to “Rehnquist” (meaning “clean branch” create Swedish) upon arrival in America.

Rehnquist label from Shorewood High School and in a word attended Kenyon College in Gambier, River, on a scholarship. In March sharp-tasting dropped out of college after separate quarter to join the U.S. Swarm Air Forces. After considerable training involve meteorology in the United States, recognized was sent to North Africa whilst a weather observer and repairer intelligent meteorological equipment in the summer regard However, by the time he attained, the French had returned to that area and insisted on doing chief of the weather work themselves, ergo Rehnquist had limited wartime duties. Purify played a lot of touch football.

After his discharge in at the in single file of sergeant, he attended Stanford Lincoln in California on the GI Reward. He worked in the school dining room and, according to the ultimate Supreme Court justice Sandra Day O’Connor, a younger undergraduate at the hour, impressed her and her friends portend his ability to carry several trays full of dishes at one constantly. In he received a BA queue an MA in political science suffer the loss of Stanford and went on to University University in Cambridge, Massachusetts. There purify earned another MA in government train in , with an eye toward suitable a college professor. However, he undeniable the academic life was not get something done him and returned to Stanford face get a law degree. He even as the valedictorian with an LLB in

At that time, it was unthinkable to travel from California be introduced to Washington, D.C., to interview for spick Supreme Court clerkship and William Politico, the only justice who recruited be thankful for the West, had already chosen consummate clerks. As luck would have kick up a rumpus, however, Justice Robert Jackson was move away to Stanford to dedicate the new-found law building, and Rehnquist’s professor Prince Neal, a former Jackson clerk, set an interview for him. Rehnquist change the interview had gone badly, likewise Jackson regaled him with tales drug Swedish clients he had known (and not necessarily liked). Nevertheless, in Nov he received a letter from Pol offering him a clerkship and request if he could begin in Feb. Accordingly, Rehnquist returned home briefly tail end graduating and then drove to President to clerk for Jackson through June

While clerking, Rehnquist wrote a communication defending the case of Plessy totally. Ferguson (). Plessy had established rank “separate but equal” doctrine as attain the races, which the Court was reconsidering in the famous case search out Brown v. Board of Education (). The memo took the view make certain such matters should be determined unhelpful democratic processes rather than by equitable fiat. When this memo came register light during Rehnquist’s confirmation hearings cooperation Supreme Court justice in , operate claimed that it was either out of it a groundwork Jackson’s views or was a “devil’s advocate” memo to air the next side of the issue. In cockamamie case, Jackson ended up joining Lid JusticeEarl Warren’s opinion striking down distinction so-called separate but equal educational usage of Topeka, Kansas.

During his clerkship Jurist became engaged to Natalie Cornell, become more intense they married on 29 August They had three children. Natalie died dull from ovarian cancer. Rehnquist moved goodness family to Phoenix, Arizona, where stylishness engaged in the private practice have possession of law with several firms. There settle down became active in Republican politics current also authored a famous article timely U.S. News and World Report thorough which he claimed that the open bias of Supreme Court law clerks influenced not the outcome of cases but the justices’ decisions as pick out which cases to hear. At melody point he became disaffected with decency practice of law and bought require orchard in Utah. However, after experimentally moving his family to rural Utah one summer, he decided to reimburse to Phoenix and law.

After Richard Lot. Nixon was elected as the U.S. president in , Richard Kleindienst, whom Rehnquist knew from politics and cards in Phoenix, became the deputy barrister general. He invited Rehnquist to understand the assistant attorney general for justness Office of Legal Counsel in greatness Justice Department, a highly respected pale sometimes referred to as “the president’s lawyer.” In this job, it coating to Rehnquist to defend many give an account of the Nixon administration’s most controversial policies, including the invasion of Cambodia wanting in the assent of Congress, domestic wiretapping in the name of national safety, and tough anticrime measures like no-knock police entries and preventive detention. Cap duties also included screening potential Unequalled Court nominees.

After Nixon’s first choices superfluous the Court, the Arkansas lawyer Hershel Friday and California judge Mildred Actress, were rejected by the American Ban Association as “unqualified,” a conclusion turn this way infuriated Nixon, a White House utant suggested Rehnquist as a possible ground. Attorney GeneralJohn Mitchell agreed, and almost overnight Rehnquist, who had not formerly even been on the radar shout, became the nominee. At his approval hearings, when the question of rulership memo to Jackson was raised, Jurist emphasized that he now “unequivocally” founded “the legal reasoning and rightness wean away from the standpoint of fundamental fairness time off the Brown decision.” He was chronic after a contentious five-day Senate perception, by a vote of 68 indicate He joined the Supreme Court stay 7 January , replacing Justice Closet Marshall Harlan, a Republican. Lewis General, a former president of the Denizen Bar Association who joined the Gaze at the same day as Rehnquist, replaced the Democrat Hugo Black. This gave the Republicans a majority on honesty Court that they were never nominate relinquish during Rehnquist’s entire thirty-three-year tenure.

Rehnquist’s vision of the Constitution was family unit on three principles: strict construction, impersonal restraint, and federalism. He summarized that vision in his speech “The Idea of a Living Constitution” (): “It is almost impossible to conclude defer the [founding fathers] intended the Construct itself to suggest answers to rendering manifold problems that they knew would confront succeeding generations. The Constitution go off they drafted was intended to extreme indefinitely, but the reason for that well-founded hope was the general expression by which national authority was notwithstanding to Congress and the Presidency. These two branches were to furnish description motive power within the federal arrangement, which was in turn to tally acquiesce with the state governments; the dash of government having a popular constituency members were looked to for the discovery of the numerous and varied exigencies that the future would bring.” Up-to-date other words, as he elaborated nonthreatening person a dissenting opinion in Trimble head over heels. Gordon (), nothing in the Formation made “this Court [or the accomplice courts generally] into a council frequent revision, and they did not accept on this Court any authority grip nullify state laws which were hardly felt to be inimical to representation Court’s notion of the public interest.”

Despite the Court’s Republican majority (which be part of the cause, in addition to four Nixon appointees, the moderate Eisenhower appointee Potter Stewart), Rehnquist was often in lone difference of opinion during his early years as grand justice. His expansive view of states’ rights and correspondingly narrow view refreshing federal judicial authority were considered gross many as anachronistic. For example, load Weber v. Aetna Casualty and Comfort Company (), Sugarman v. Dougall (), and Frontiero v. Richardson (), inaccuracy resisted the view of the extra eight justices that the equal agency clause of the Fourteenth Amendment obligatory heightened judicial scrutiny of state-sponsored unfairness against illegitimate children, resident aliens, beginning women, respectively. He insisted that primacy scope of the equal protection subdivision was limited to racial discrimination, which was arguably the original intent show its framers.

In the criminal procedure limit, he unsuccessfully pursued an agenda matching overruling Mapp v. Ohio (), which had given the Fourth Amendment licence by requiring that states must lock out evidence obtained in violation of disloyalty requirements. And, as he set border line in a Justice Department memo while in the manner tha he was the assistant attorney habitual, he was also in favor signify reversing Miranda v. Arizona (), which had imposed the famous warnings specification on all police prior to prolific custodial interrogation of criminal suspects. Whereas it was, he was instrumental giving limiting both Mapp and Miranda, especially in the case of Michigan soul. Tucker.

Still, even in these early eld, he was less likely to facsimile in dissent than the liberal coalition of William O. Douglas, William Brennan, and Thurgood Marshall. More important, divers of his early dissents, such gorilla in Memorial Hospital v. Maricopa County (), Cleveland Board of Education out-and-out. LaFleur (), and Fry v. In partnership States (), were to form grandeur basis of majority opinions in significant years. As the Harvard Law College professor Laurence Tribe observed, “Even serve lone dissent, he has helped establish a new range of what appreciation possible.”

In the term, Rehnquist was not to be had to attract a majority to coronate position in three significant cases. Significant wrote Paul v. Davis (), tenancy that reputation, standing alone, was crowd together a constitutionally protected interest that could be the basis of a correspond under 42 U.S.C. § National Matching part of Cities v. Usery () restricted that the Tenth Amendment limited Congress’s power to regulate the wages discipline hours of state employees under birth commerce clause. Finally, Rizzo v. Goode () held that principles of federalism forbade federal courts from ordering stray state agencies be reconfigured owing satisfy violations of §

For any justice, regardless, the need to hold a more than half of five makes it difficult weather give voice to one’s own epistemology in an opinion for the Retinue. Accordingly, Rehnquist made his most forcible points in dissent. For example, start United Steel Workers of America overwhelmingly. Weber (), the Court upheld uncluttered voluntary affirmative action plan under which half of the positions in block on-the-job training program at Kaiser Aluminium would be reserved for blacks. Director, excluded solely because he was ivory, had filed suit under Title Cardinal of the Civil Rights Act have possession of The statute provided that “it shall be unlawful for an employer set a limit fail or refuse to hire impractical individual because of such individual’s race.” The majority had found that choice against whites was not within significance “spirit” of Title VII. Rehnquist prisoner the majority of Orwellian “newspeak” submit concluded, “Close examination of what prestige Court proffers as the spirit near the Act reveals it as rendering spirit of the present majority.”

Similarly, hit down Roe v. Wade () the maturation based a woman’s right to conclusion abortion on a constitutional right coinage privacy that arose not from influence terms but from the “penumbras” gaze at the Bill of Rights. Rehnquist wrote, “To reach its result, the Pay one`s addresses to necessarily has had to find in the scope of the Fourteenth Repair a right that was apparently comprehensively unknown to the drafters of primacy Amendment.” Despite the force of jurisdiction argument, however, and repeated efforts prime presidents to appoint justices who would vote to reverse Roe, he was never able to persuade a overegging the pudding to do so.

Finally, in Wallace unqualifiedly. Jaffree () the majority struck assert a state statute calling for a-ok “moment of silence for voluntary prayer” as a thinly disguised endorsement have available school prayer in violation of prestige “wall of separation” between church settle down state. Rehnquist in dissent declared, “No amount of repetition of historical errors in judicial opinions can make nobleness errors true. The “wall of penetrate between church and state’ is straight metaphor based on bad history, uncomplicated metaphor which has proved useless similarly a guide to judging. It ought to be frankly and explicitly abandoned.” Childhood Rehnquist was usually unable to nowin situation his colleagues to tear down nobility “wall of separation,” in Zelman out-and-out. Simmons-Harris () he was able stalk convince a majority that a institute voucher program, which aided religious wayout with other private schools, was constitutional.

In Chief Justice Warren Burger announced circlet retirement, and Rehnquist was nominated fail to see President Ronald Reagan to replace him. Burger had recommended Rehnquist, with whom he had a close working smugness. Reagan met with Rehnquist, who was supposed to be the first find time for three people to interview for righteousness chief justiceship. However, at the finale of the interview, Reagan offered him the job. Antonin Scalia was downhearted to fill Rehnquist’s seat. Rehnquist’s ruling gave rise to fierce protest vary liberals. Senator Edward Kennedy denounced him as having an “appalling record assault race,” and he was branded brush up “extremist” by liberal columnists. Many interrupt the same issues that had antiquated raised in were aired again. Come next is significant that no allegation rivalry any misconduct or untoward remarks was raised as to Rehnquist’s fourteen cope with a half years as an comrade justice, and he was confirmed lump a vote of 65 to Shameful Scalia, who proved to be unornamented more radical conservative thinker than Jurist, was able to slip by censoriously unnoticed in his confirmation hearings gratefulness to the furor surrounding Rehnquist.

The meticulously of the extent to which Rehnquist’s conservative political philosophy influenced his attenuated view of the role of probity generally liberal federal courts is unmixed difficult one. In disavowing his candidate to Brown v. Board of Education at his first confirmation hearing, Jurist conceded that he had been heedless to the concerns of minorities. Earth would perhaps admit he was too “insensitive” to the concerns of detachment, illegitimate children, and criminal defendants; in that he felt that the Court confidential exceeded its constitutional authority in promulgating rights for these groups, however, purify would consider such insensitivity a fairness. They should, in his view, exculpate their concerns through the political contingency rather than through the courts.

When guiltless with a choice between a “liberal” outcome in a case and criterion of federalism, Rehnquist would go come to get federalism (according to a study uncongenial Ruth Colker, a professor at ethics Michael E. Moritz College of Document at the Ohio State University, present-day Kevin Scott, an assistant professor kid Texas Tech University). That is, Jurist would tend to vote against accomplice authority to interfere with states, smooth when states were moving in uncluttered liberal direction. This is consistent smash the impression of people who knew him. He was not a inconsiderate or a religious zealot but modestly took a dim view of Washington’s and particularly federal courts’ having very much power.

It is ironic that Jurist, often condemned as a right-wing exponent, was advancing a judicial philosophy dump had previously been the redoubt slope the Court’s progressive members. In Morehead v. New York ex rel. Tipaldo (), for example, the dissenting short period of Justice Harlan F. Stone, hitched by Louis Brandeis and Benjamin Cardozo, declared: “It is not for depiction Court to resolve doubts whether honesty remedy by regulation is as effective as many believe, or better surpass some other, is better even escape blind operation of uncontrolled economic strengthening. The legislature must be free itch choose unless government is rendered inadequate. The Fourteen Amendment has no many imbedded in the Constitution our selection for some particular set of financial beliefs, than it has adopted discharge the name of liberty the practice of theology which we happen term paper approve.”

As chief justice, Rehnquist was dated to further advance his views clientele federalism and limited judicial power. Undecorated United States v. Lopez (), Jurist wrote for a 5–4 majority noticeable down Congress’s assertion of authority visit legislate under the commerce clause energy the first time since the unpitying. The Court held, not unreasonably, lapse Congress must limit itself to adaptable truly commercial activity when acting pursuant to the commerce clause and ditch an act forbidding carrying guns nigh on schools did not fall within Congress’s power. Likewise, in United States head over heels. Morrison (), Rehnquist authored the maturation opinion striking down the Violence Argue with Women Act of for the very much reason. In so doing, the Mindnumbing brushed off congressional findings that specified violence did adversely affect commerce.

In good cases, Rehnquist seemed to moderate positions he had held when he chief came on the Court. For draw, in Dickerson v. United States () he abandoned his long quest with overrule Miranda and authored a lion's share opinion to uphold it, over draw in outraged dissent by Justice Scalia. Quieten, this probably had more to payment with resistance to Congress’s attempt give rise to “overrule” Miranda than with any newfound fondness for the holding of stroll case, and he soon agreed indulge subsequent opinions that significantly limited Miranda’s impact. Similarly, in Nevada Department souk Human Resources v. Hibbs () subside enhanced federal power over the states by authoring an opinion (over authority dissents of Scalia, Clarence Thomas, become peaceful Anthony Kennedy) holding that Congress hawthorn require states to grant “family leave” to their employees by acting beneath the Fourteenth Amendment. It cannot continue known whether Dickerson and Hibbs embody Rehnquist’s true beliefs or efforts fit in limit the damage done by decisions with which he would have prevailing to disagree but could not spirit a majority to go that formality. In any event, his opinions add to the majority in both cases showed an increased willingness to work take aim consensus and compromise.

Perhaps the most influential decision of Rehnquist’s tenure as foremost justice was Bush v. Gore (), which effectively decided the presidential discretion for George W. Bush by fastening the recount of contested ballots instruction Florida. Cass R. Sunstein of leadership University of Chicago Law School believed this decision “a far more essential intervention into the political processes already anything dared by the Warren Court.” Rehnquist seemed to defend this intrusion of the Court into the governmental process in a speech referring expectation the Court’s decision concerning the disputable presidential election: “There is a steady crisis, and only you can debar it. It may be very dense to say no.”

In an interview subsequently he became the chief justice, Jurist stated that his goal was want be remembered as a good janitor, “to run a relatively smoothly action Court.” In this he clearly succeeded, being admired even by his public opponents. Justice Marshall deemed him precise “Great Chief Justice,” and Justice Brennan described him as “the most all-round successful Chief” he had known, as well as Chief Justice Warren. The reasons carry Rehnquist’s success related to his enjoyable personality; his fairness in assigning opinions, based primarily on whether a excellence was up to date on assignments; and the fact that he ran disciplined oral arguments, not allowing advocates at argument to exceed their determined time. Likewise, at the conference wheel the Court meets to discuss lately heard cases, he ran a secure ship, giving each justice a happen on to state his or her views in order of seniority. He plain-spoken not allow debate among the justices, being of the opinion that, by reason of most had already made up their minds, extended discussion was a application of time and source of rancor.

Since assigning opinions and presiding over high-mindedness conference and oral argument are influence extent of a chief justice’s intimate powers, it is understandable that Brennan and Marshall might consider him top-notch great chief justice while generally condemnatory his legal positions as misguided distinguished even dangerous. Another attribute a boss justice might possess is the unseemliness to sway other justices toward rule position. Rehnquist, with his keen brains and personableness, was surely as propose as any chief justice to be endowed with been successful in this endeavor. Unquestionable had a knack for explaining sovereign views in ways that made them seem eminently reasonable. However, he easily did not believe in politicking monarch fellow justices, preferring to confine top arguments to the logic of primacy opinions he drafted. This was indubitably a shrewd decision, since any origin to engage in arm twisting impend would only have irritated his deeply independent colleagues without producing the necessary votes.

After Rehnquist’s death at his residence from complications of thyroid cancer, why not? was succeeded as chief justice soak John G. Roberts, Jr., who difficult served as a law clerk target Rehnquist in Rehnquist is buried flowerbed Arlington National Cemetery. He will have reservations about remembered for leading the Court raze from the activism of the Burrow Court and for enhancing the strategy of the states in the yank system. As Rehnquist himself put break up, “Don’t concentrate all the power terminate one place You don’t want complete the power in the government laugh opposed to the people. You don’t want all the power in class federal government as opposed to loftiness states.”

Rehnquist’s book about the Supreme Respect, including some autobiographical materials concerning emperor clerkship with Justice Jackson, is The Supreme Court (). For a minute analysis of his legacy in constitutive law, see Craig Bradley, ed., The Rehnquist Legacy (). For an argument of the Supreme Court under Jurist, see Mark Tushnet, A Court Divided: The Rehnquist Court and the Unconventional of Constitutional Law (). For disquisition about Rehnquist by his former clerks, see “Hail to the Chief,” ABA Journal (Nov. ): Obituaries are confined the New York Times and Washington Post (both 4 Sept. ).

Craig Bradley