When Richard Nixon appointed William Rehnquist to the US Supreme Court, he was something of a non-entity. The big name was Lewis Powell, nominated with him for the court's other opening. Little did anyone suspect that Rehnquist would turn into one of the giants of the Court, not only in terms of his leadership if the Court away from the liberalism of the Warren Court, but also in terms of his role as a historian of the Court.

Chief Justice William Rehnquist passed away last night after a battle with thyroid cancer that moved a nation.

A Republican appointed by President Nixon and elevated to chief justice by President Reagan, Rehnquist began as an outspoken conservative and a lone dissenter on the high court. But through the years, as more conservatives joined him on the bench, he found himself shaping the majority of a court that often split 5-4.

A strong defender of states' rights, he viewed the powers of the federal government as clearly defined and extremely limited. In his opinion, liberal justices too often crossed the line between interpreting the law and forming public policy.

He voted consistently against affirmative action, dissenting in cases upholding the use of busing to integrate public schools, and in 1983 was the sole dissenter in a case that upheld the federal government's policy of denying a tax deduction for Bob Jones University because of its racist policies.

He voted against the right to an abortion in the landmark 1973 case of Roe v. Wade, arguing states' rights, and pushed to overturn the decision the rest of his career.

He also argued against the notion that the Constitution demands separation between church and state, writing that the idea "should be frankly and explicitly abandoned."

He voted consistently to give police more powers and to limit the rights of criminal defendants. In his court opinions and in public speeches, he endorsed speeding up the criminal appeals process, especially in death penalty cases.

He presided over the impeachment trial of President Clinton, and after the 2000 presidential election, he sided with the majority in a controversial 5-4 decision that sent George W. Bush to the White House.

I first learned about the Chief Justice when I was a kid reading Woodward and Armstrong's classic study of the Supreme Court, The Brethren. Rehnquist struck me as the most human of the bunch, whetehr it was because he would join the clerks on the roof of the Supreme Court building to blay basketball on "The Highest Court In The Land" or because, when other justices didn't understand a National Lampoon cartoon about SCOTUS decisions about pornorgraphy, he sent his cleks out to get copies for his college-age children. Even his eventual affectation of gold stripes on his judicial robe (which I hope becomes a part of Supreme Court tradition) made Rehnquist seem to be something of a whimsical character. The dignity with which he endured his recent health issues is to be admired.

With heaings on the nomination of Judge John Roberts to succeed Justice Sandra Day O'Connor prepared to begin on Tuesday, there is speculation on a possible postponement. Given that Rehnquist will lie in repose in the Supeme Court Building on Tuesday and Wednesday prior to his funeral at the National Cathedral and burial at Arlington Cemetary, I would not be surprised to see a postponement until Thursday.

Sadly, the partisan buzzards are already circling. Alan Dershowitz insulted the Chief Justice's memory on FoxNews before the body was even cold, redefining terms and airing long-refuted charges about Rehnquist without even a hint of shame. The intellectial lightweights at places like Democratic Underground are not even cloaking their hatred in a veneer of scholarship like that pathetic excuse for a Harvard don did. Both forms of distespect for the dead are equally repulsive.

There is also, of course, speculation on a possible replacement. I think any number of things could happen, from elevating a sitting justice to the center chair, making Roberts the nominee for Chief Justice, recess appointing O'Connor to the Chief Justiceship (unlikely), or the selection of a candidate from off the Court. I'm genuinely not sure what the President will do, but there are any number of combinations of scenarios. Let's give the matter some time to clarify itself.

ADDENDUM: Here is a link to a number of quotes about the Chief Justice. Also, Michelle Malkin has a good post on her blog. Additional info at Blogs for Bush and GOPBloggers. Many links about Chief Justice Rehnquist from ConfirmThem.com

UPDATE: Just when I thought Dershowitz couldn't sink any lower, he resorts to slandering the dead using anonymous sources.

Posted by: Greg at 01:16 PM | No Comments | Add Comment
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