William Rehnquist

William Rehnquist
Born	William Hubbs Rehnquist 1 10, 1924
Birthplace	Milwaukee, Wisconsin, U.S.
Died	Template:Death date and age Arlington County, Virginia, U.S.
Nationality	American
Occupation	Jurist, attorney
Known for	16th Chief Justice of the United States; federalism jurisprudence; presiding over the impeachment of Bill Clinton
Education	Stanford University (BA, MA, LLB), Harvard University (MA)
Children	3
Awards	Presidential Medal of Freedom (proposed posthumously by some commentators, not confirmed)

William Hubbs Rehnquist (October 1, 1924 – September 3, 2005) was an American jurist and attorney who served as the 16th Chief Justice of the United States from 1986 until his death in 2005. He had previously served as an Associate Justice of the Supreme Court of the United States from 1972 to 1986, having been nominated by President Richard Nixon. Over a judicial career spanning more than three decades, Rehnquist became one of the most consequential figures in American constitutional law, shaping the Court's direction on issues of federalism, the Commerce Clause, and the balance of power between the federal government and the states. A conservative jurist who favored a strict reading of the Tenth Amendment's reservation of powers to the states, Rehnquist authored landmark majority opinions in United States v. Lopez (1995) and United States v. Morrison (2000), both of which placed new limits on congressional authority. Before joining the bench, he served as United States Assistant Attorney General for the Office of Legal Counsel under President Nixon. As Chief Justice, he presided over the impeachment trial of President Bill Clinton in 1999. Rehnquist served as Chief Justice for nearly 19 years, making him the fifth-longest-serving chief justice and the ninth-longest-serving justice in the history of the Supreme Court.

Early Life

William Hubbs Rehnquist was born on October 1, 1924, in Milwaukee, Wisconsin. He grew up in the Milwaukee area during the years of the Great Depression and World War II. His family was of Swedish and German descent. Details of his parents and childhood household have been documented in various biographical accounts, though the family maintained a relatively private life in suburban Milwaukee.

Following the outbreak of World War II, Rehnquist enlisted in the United States Army Air Forces in 1943 at the age of 18. He served as a weather observer in North Africa during the war, attaining the rank of Sergeant. His military service lasted until 1946, after which he returned to the United States to pursue higher education under the benefits provided by the G.I. Bill.

Rehnquist's wartime experience shaped his worldview and instilled in him a sense of discipline and public duty that would characterize his later professional career. After his discharge from the military, he moved to California to begin his academic studies, embarking on a path that would eventually lead him to the highest court in the nation.

Education

After his military service, Rehnquist enrolled at Stanford University, where he studied political science. He earned his Bachelor of Arts degree from Stanford, followed by a Master of Arts degree in political science from the same institution. Rehnquist also pursued graduate studies at Harvard University, where he received a second Master of Arts degree in government.

Rehnquist subsequently returned to Stanford to attend Stanford Law School. At Stanford Law, he distinguished himself academically, serving as an editor of the Stanford Law Review and graduating first in his class with a Bachelor of Laws (LLB) degree. His law school class notably included Sandra Day O'Connor, who would later join him on the Supreme Court when she became the first woman to serve as a justice in 1981.

Upon graduating from Stanford Law School, Rehnquist secured a clerkship with Justice Robert H. Jackson of the Supreme Court of the United States during the Court's 1952–1953 term. This clerkship placed Rehnquist at the center of some of the most consequential legal debates of the era, including the Court's deliberations in cases that would lead to the landmark decision in Brown v. Board of Education (1954).

Career

Early Legal Career and Political Involvement

After completing his clerkship with Justice Jackson, Rehnquist chose to settle in Phoenix, Arizona, where he entered private legal practice. He became active in Arizona's Republican political circles during the late 1950s and early 1960s, a period of significant conservative political organizing in the American Southwest.

During his years in Arizona, Rehnquist became involved in local political and legal activities that would later generate controversy. He served as a legal adviser to Republican presidential nominee Barry Goldwater during the 1964 presidential campaign. His involvement with the Goldwater campaign solidified his connections within the conservative wing of the Republican Party.

During this period, Rehnquist also took public positions on civil rights issues. He defended the right of private businesses to practice segregation on the grounds of freedom of association, a stance that would draw scrutiny during his later confirmation hearings.

Assistant Attorney General

In January 1969, President Richard Nixon appointed Rehnquist as United States Assistant Attorney General for the Office of Legal Counsel (OLC), a position that serves as the chief legal adviser to the executive branch on constitutional questions. Rehnquist served in this capacity from January 29, 1969, until December 1971.

In his role at the OLC, Rehnquist provided legal opinions on a wide range of issues confronting the Nixon administration. One notable episode involved his role in the events surrounding the resignation of Justice Abe Fortas from the Supreme Court. Rehnquist played a part in the process that pressured Fortas to resign after it was revealed that Fortas had accepted $20,000 from financier Louis Wolfson before Wolfson was convicted of selling unregistered securities.

Rehnquist's tenure at the OLC also involved advising the administration on issues related to executive power, government surveillance, and the legal boundaries of domestic security operations during a period of significant social unrest in the United States. His work in this position brought him to the attention of President Nixon as a potential Supreme Court nominee.

Associate Justice (1972–1986)

In 1971, following the retirement of Associate Justice John Marshall Harlan II, President Nixon nominated Rehnquist to fill the vacant seat on the Supreme Court. The nomination was announced alongside that of Lewis F. Powell Jr., who was nominated to fill the seat vacated by Justice Hugo Black.

Rehnquist's confirmation hearings before the Senate Judiciary Committee proved contentious. Senators questioned him about a memorandum he had written as a law clerk for Justice Jackson, which appeared to endorse the "separate but equal" doctrine established in Plessy v. Ferguson and to oppose the Court's forthcoming decision in Brown v. Board of Education. Rehnquist testified that the memo reflected Justice Jackson's views, not his own, though this explanation was disputed by some Jackson biographers and scholars.

Additionally, witnesses came forward to allege that Rehnquist had participated in voter suppression efforts targeting African American and Hispanic voters at polling places in Phoenix during the early 1960s. At least ten witnesses testified to having observed such activities. Rehnquist denied the allegations under oath. Historians have debated whether his denials constituted perjury, though no formal charges were ever brought. It is established that he had, at minimum, publicly defended the right of private businesses to practice racial segregation during that period.

Despite these controversies, the Senate confirmed Rehnquist on December 10, 1971, and he took his seat on the Court on January 7, 1972. He was confirmed by a vote of 68–26.

On the Burger Court, Rehnquist quickly established himself as the Court's most conservative member. He frequently authored solo dissents during his early years on the bench, earning the informal nickname "the Lone Ranger" from some Court observers for his willingness to stake out positions to the right of all his colleagues.

One of Rehnquist's most significant early opinions was his dissent in Roe v. Wade (1973), in which the Court held that the Constitution protected a woman's right to an abortion. Rehnquist argued that the right to privacy cited by the majority did not extend to abortion and that the decision should be left to state legislatures. He continued to maintain this position throughout his tenure on the Court, reiterating his view that Roe had been incorrectly decided in his opinion in Planned Parenthood v. Casey (1992).

Throughout his tenure as Associate Justice, Rehnquist articulated a consistent judicial philosophy centered on federalism, strict construction of constitutional text, and deference to state authority. He argued for a robust interpretation of the Tenth Amendment, contending that it imposed meaningful limits on the power of the federal government. This philosophy placed him in frequent opposition to the Court's more liberal members during the 1970s and early 1980s.

Chief Justice (1986–2005)

In 1986, following the retirement of Chief Justice Warren E. Burger, President Ronald Reagan nominated Rehnquist to serve as the 16th Chief Justice of the United States. The nomination once again provoked contentious confirmation hearings, during which the allegations regarding voter suppression in Arizona resurfaced, along with questions about Rehnquist's views on civil rights and the scope of federal power.

The Senate confirmed Rehnquist as Chief Justice on September 17, 1986, by a vote of 65–33, with the opposition constituting the largest number of votes cast against any successful Chief Justice nominee at that time. He was sworn in on September 26, 1986. His former Associate Justice seat was filled by Antonin Scalia, who was confirmed unanimously.

As Chief Justice, Rehnquist became both the intellectual and administrative leader of what came to be known as the Rehnquist Court. He was noted for running oral arguments and the Court's conferences with efficiency and punctuality, earning respect from justices across the ideological spectrum, including those who frequently disagreed with his legal conclusions.

Federalism and the Commerce Clause

The most consequential jurisprudential legacy of Rehnquist's tenure as Chief Justice was the so-called "federalism revolution," a series of decisions that placed new limits on the power of the federal government vis-à-vis the states. For the first time since the New Deal era, the Rehnquist Court struck down federal statutes on the grounds that they exceeded Congress's authority under the Commerce Clause of the Constitution.

In United States v. Lopez (1995), Rehnquist authored the majority opinion holding that the Gun-Free School Zones Act of 1990 exceeded Congress's power under the Commerce Clause. The 5–4 decision marked the first time in nearly sixty years that the Court had invalidated a federal statute on Commerce Clause grounds. Rehnquist's opinion established that the Commerce Clause could not be interpreted so broadly as to give Congress a general police power, and that there must be a substantial connection between the regulated activity and interstate commerce.

Rehnquist extended this reasoning in United States v. Morrison (2000), in which he again wrote for a 5–4 majority in striking down the civil remedy provision of the Violence Against Women Act. The Court held that Congress had exceeded its authority under both the Commerce Clause and the Fourteenth Amendment, reasoning that the regulated conduct—gender-motivated violence—was not economic activity and could not be regulated under Congress's commerce power.

These decisions, along with others such as City of Boerne v. Flores (1997) and Seminole Tribe of Florida v. Florida (1996), collectively represented a significant shift in constitutional jurisprudence regarding the balance of power between the federal government and the states.

Impeachment Trial of President Clinton

In 1999, Rehnquist presided over the impeachment trial of President Bill Clinton in the United States Senate, as required by the Constitution for the Chief Justice when the President is tried. The trial, which followed Clinton's impeachment by the House of Representatives on charges of perjury and obstruction of justice related to the Monica Lewinsky scandal, resulted in Clinton's acquittal on both counts. Rehnquist presided over the proceedings with a demeanor described as businesslike and efficient. After the trial concluded, he remarked that he had done "nothing in particular, and did it very well," paraphrasing a line from the Gilbert and Sullivan operetta Iolanthe.

Bush v. Gore

In the 2000 United States presidential election, Rehnquist voted with the 5–4 majority in Bush v. Gore (2000), which effectively ended the Florida election recount and resulted in George W. Bush being declared the winner of the presidential election. While the per curiam majority opinion relied on Equal Protection Clause grounds, Rehnquist authored a concurrence, joined by Justices Scalia and Clarence Thomas, which argued that the Florida Supreme Court had violated Article II of the Constitution by altering the manner in which the state legislature had directed presidential electors to be chosen.

Other Notable Opinions

Throughout his tenure as Chief Justice, Rehnquist authored or joined numerous opinions that shaped American law. He wrote the majority opinion in Dickerson v. United States (2000), which reaffirmed Miranda v. Arizona (1966) and held that Congress could not legislatively overrule the Miranda warnings requirement. This opinion surprised many observers, as Rehnquist had previously been critical of the Miranda decision, but he reasoned that the warnings had become so embedded in routine police practice and national culture that Miranda had acquired the status of a constitutional rule that Congress could not supersede by statute.

Rehnquist was also a significant voice in cases involving the Establishment Clause and the relationship between religion and government, generally favoring greater accommodation of religious expression in public life. He dissented in Wallace v. Jaffree (1985), arguing that the Establishment Clause was not intended to erect a strict wall of separation between church and state.

Illness and Death

In October 2004, Rehnquist was diagnosed with anaplastic thyroid cancer. He underwent a tracheotomy and began chemotherapy, but continued to perform his duties as Chief Justice for as long as his health permitted. He was largely absent from the bench during the Court's 2004–2005 term but participated in some decisions from his home. Despite widespread speculation about his possible retirement, Rehnquist issued a public statement in July 2005 indicating that he did not intend to retire.

William Rehnquist died on September 3, 2005, at his home in Arlington County, Virginia, at the age of 80. He was buried at Arlington National Cemetery. President George W. Bush subsequently nominated Judge John Roberts to succeed Rehnquist as Chief Justice; Roberts was confirmed by the Senate on September 29, 2005.

Personal Life

William Rehnquist married Natalie Cornell in 1953. The couple had three children: James, Janet, and Nancy. Natalie Rehnquist died in 1991. Rehnquist did not remarry.

Outside of his legal work, Rehnquist was known for his interest in history and was the author of several books on the Supreme Court and the American legal system. His published works include The Supreme Court: How It Was, How It Is (1987), Grand Inquests: The Historic Impeachments of Justice Samuel Chase and President Andrew Johnson (1992), and All the Laws but One: Civil Liberties in Wartime (1998). These books reflected his longstanding interest in the history of the judiciary and the constitutional framework of the United States.

Rehnquist was also known for his distinctive sartorial choices on the bench. In 1995, he added four gold stripes to each sleeve of his judicial robe, reportedly inspired by the costume of the Lord Chancellor in a production of Gilbert and Sullivan's Iolanthe that he had attended. The modified robes became one of his most recognizable personal trademarks.

Rehnquist was a member of the Republican Party throughout his adult life, though as a sitting justice he refrained from partisan political activity.

Recognition

As the 16th Chief Justice, Rehnquist's tenure on the Supreme Court was one of the longest in American history. His combined service as Associate Justice and Chief Justice totaled more than 33 years, from January 1972 to September 2005. This placed him among the longest-serving justices in the Court's history.

The William H. Rehnquist Award, administered by the National Center for State Courts, was named in his honor. The award recognizes state court judges who exemplify the highest standards of judicial excellence, integrity, fairness, and professional ethics.

Rehnquist's legal scholarship and historical writings also received recognition. His books on the Supreme Court and constitutional history were reviewed in major legal journals and mainstream publications, and contributed to public understanding of the Court's institutional history.

Upon his death in 2005, tributes were offered from across the political spectrum. President George W. Bush described Rehnquist as "a great Chief Justice" who had served with "dignity and distinction." Justice John Paul Stevens, who frequently disagreed with Rehnquist's legal positions, praised his fairness and efficiency in administering the Court's business.

Legacy

William Rehnquist's legacy in American constitutional law centers primarily on his role in reviving the doctrine of federalism as a meaningful constraint on federal power. Through opinions such as United States v. Lopez and United States v. Morrison, he challenged the post-New Deal consensus that the Commerce Clause granted Congress essentially unlimited regulatory authority. These decisions represented a significant doctrinal shift and influenced subsequent debates about the scope of federal legislative power, including the legal challenges to the Affordable Care Act in National Federation of Independent Business v. Sebelius (2012).

The Rehnquist Court's decisions on state sovereign immunity, the scope of Section 5 of the Fourteenth Amendment, and the limits of the Commerce Clause collectively constituted what scholars have termed a "federalism revolution." While the extent and permanence of this revolution remain subjects of academic debate, the decisions undeniably altered the legal landscape and reasserted principles of state sovereignty that had been largely dormant since the 1930s.

Rehnquist's administrative leadership of the Court also left a lasting imprint. He was credited with making the Court's oral argument sessions more disciplined and its conference proceedings more efficient. His ability to maintain collegial relationships with justices of differing judicial philosophies was noted by multiple colleagues and biographers.

At the same time, Rehnquist's legacy remains contested. His opponents pointed to the controversies surrounding his early career in Arizona, his dissent in Roe v. Wade, and his narrow interpretations of civil rights statutes as evidence that his jurisprudence was insufficiently protective of individual rights and minority interests. His supporters countered that his commitment to federalism, textualism, and judicial restraint represented a principled approach to constitutional interpretation that served to check the overreach of federal authority.

Rehnquist's influence extended beyond the bench through the justices he served alongside and those who came after him. Several members of the Roberts Court, including Chief Justice John Roberts (who clerked for Rehnquist) and Justice Samuel Alito, have continued to develop themes of federalism and limited government power that Rehnquist championed during his decades on the Court.