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
Education	Stanford University (BA, MA, LLB), Harvard University (MA)
Children	3
Awards	Presidential Medal of Freedom (posthumous discussion)

William Hubbs Rehnquist (October 1, 1924 – September 3, 2005) was an American attorney and jurist 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 appointed by President Richard Nixon. Over the course of more than three decades on the nation's highest bench, Rehnquist became one of the most consequential jurists of the twentieth century, reshaping American constitutional law through his advocacy of federalism, states' rights, and a restrained interpretation of congressional power under the Commerce Clause. Born in Milwaukee, Wisconsin, Rehnquist served in the United States Army Air Forces during World War II, earned degrees from Stanford University and Harvard University, and practiced law in Phoenix, Arizona, before entering government service. As Chief Justice, he presided over the impeachment trial of President Bill Clinton in 1999 and authored landmark majority opinions in cases such as United States v. Lopez (1995) and United States v. Morrison (2000). At the time of his death from thyroid cancer, he had served nearly 19 years as Chief Justice, making him the fifth-longest-serving chief justice in American history.

Early Life

William Hubbs Rehnquist was born on October 1, 1924, in Milwaukee, Wisconsin. He grew up in a suburban environment in the Milwaukee area during the years of the Great Depression and World War II. His upbringing in the Midwest shaped many of the conservative political views he would carry throughout his life and career.

When the United States entered 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, when he was discharged and returned to civilian life with the benefit of the G.I. Bill, which enabled him to pursue higher education.

The experience of military service during wartime had a formative effect on the young Rehnquist, instilling in him a deep respect for institutional authority and the structures of American governance. After his discharge, he turned his attention to academic pursuits, enrolling at Stanford University in California. His transition from military life to the academy marked the beginning of a distinguished intellectual career that would eventually bring him to the pinnacle of the American legal system.

Education

Following his honorable discharge from the Army Air Forces, Rehnquist enrolled at Stanford University, where he earned a Bachelor of Arts degree in political science. He subsequently earned a Master of Arts degree from Stanford as well. Seeking additional academic credentials, he attended Harvard University, where he earned a second master's degree in government and political science.

Rehnquist then returned to Stanford to attend Stanford Law School. At Stanford Law, he demonstrated exceptional academic ability, serving as an editor of the Stanford Law Review and graduating first in his class. Among his classmates at Stanford Law School was Sandra Day O'Connor, who would later become the first female justice of the Supreme Court. Reports have noted that Rehnquist proposed marriage to O'Connor during their time at Stanford in the early 1950s, though she declined. After graduating from Stanford Law School, Rehnquist secured a prestigious clerkship with Justice Robert H. Jackson of the United States Supreme Court during the 1952–1953 term, a position that gave him his first exposure to the inner workings of the Court where he would eventually serve for over three decades.

Career

Law Clerk and Early Legal Practice

During his clerkship with Justice Robert H. Jackson in the 1952–1953 Supreme Court term, Rehnquist was involved in the deliberations surrounding several significant cases, including Brown v. Board of Education, which would be decided the following term. A memorandum written during this period, attributed to Rehnquist, appeared to defend the separate but equal doctrine established in Plessy v. Ferguson. During his later confirmation hearings, Rehnquist maintained that the memo reflected Justice Jackson's views rather than his own, a claim that was disputed by some historians and Jackson's former secretary.

After completing his clerkship, Rehnquist moved to Phoenix, Arizona, where he entered private legal practice. During the late 1950s and early 1960s, he became active in Republican politics in Arizona. He was known to have defended segregation by private businesses during this period on the grounds of freedom of association. Rehnquist became involved in conservative political circles in the Phoenix area and served as a legal adviser to Republican presidential nominee Barry Goldwater during the 1964 United States presidential election.

During his time in Arizona, allegations arose that Rehnquist participated in voter suppression efforts targeting minority voters at polling places in the early 1960s. At least ten witnesses later testified to having observed such activities. Rehnquist denied these allegations during his subsequent confirmation hearings, and historians continue to debate whether his denials constituted perjury.

Assistant Attorney General

In 1969, President Richard Nixon appointed Rehnquist as the United States Assistant Attorney General for the Office of Legal Counsel (OLC), a position he held from January 29, 1969, until December 1971. In this role, Rehnquist served as a key legal adviser to the Nixon administration on matters of constitutional law and executive power.

One notable episode during his tenure at the OLC involved Justice Abe Fortas. Rehnquist played a role in the effort that led to Fortas's resignation from the Supreme Court. Fortas had accepted $20,000 from financier Louis Wolfson before Wolfson was convicted of selling unregistered shares, and the disclosure of this arrangement created a scandal that ultimately forced Fortas off the bench.

Rehnquist's service in the Nixon administration established him as a capable and ideologically consistent conservative legal mind, qualities that brought him to the president's attention when vacancies arose on the Supreme Court.

Associate Justice (1972–1986)

In 1971, President Nixon nominated Rehnquist to the Supreme Court to succeed retiring Associate Justice John Marshall Harlan II. The nomination sparked contentious confirmation hearings in the United States Senate, during which Rehnquist faced scrutiny over the Jackson memorandum regarding Brown v. Board of Education and the allegations of voter intimidation in Arizona. Despite these controversies, the Senate confirmed Rehnquist, and he took his seat on January 7, 1972.

Rehnquist quickly established himself as the most conservative member of the Burger Court, led by Chief Justice Warren E. Burger. He frequently found himself in dissent during the early years of his tenure, earning the informal nickname "the Lone Ranger" for his willingness to stake out positions well to the right of his colleagues. One of his most prominent early dissents came in Roe v. Wade (1973), in which the Court recognized a constitutional right to abortion. Rehnquist dissented, arguing that no such right could be found in the Constitution, and he continued to maintain that Roe was incorrectly decided throughout his career. When the Court revisited the issue in Planned Parenthood v. Casey (1992), Rehnquist again argued that Roe should be overturned.

Throughout his time as an associate justice, Rehnquist consistently advocated for a jurisprudence rooted in federalism and the Tenth Amendment, which reserves powers not delegated to the federal government to the states. He sought to limit the reach of the federal government in areas he believed properly belonged to state authority, a theme that would become the hallmark of his later tenure as Chief Justice.

During this period, Rehnquist also mentored law clerks who would go on to distinguished careers of their own. Most notably, John Roberts served as Rehnquist's law clerk during the 1980–1981 term. During that clerkship, Roberts contributed to the work on the case Dames & Moore v. Regan (1981), a landmark decision regarding executive power over Iranian assets that has continued to be cited in major constitutional disputes decades later. Roberts would eventually succeed Rehnquist as Chief Justice in 2005, and observers have noted the intellectual continuity between the two jurists.

Chief Justice (1986–2005)

In 1986, President Ronald Reagan nominated Rehnquist to succeed the retiring Chief Justice Warren E. Burger. The confirmation process was again contentious. Rehnquist faced renewed scrutiny over the voter intimidation allegations and the Jackson memorandum, as well as questions about a restrictive covenant in the deed to a property he had once owned. Nevertheless, the Senate confirmed him by a vote of 65–33, the largest number of opposing votes for a successful Chief Justice nominee at that time. He was sworn in on September 26, 1986, with Antonin Scalia filling the associate justice seat he vacated.

As Chief Justice, Rehnquist became not only the presiding officer of the Supreme Court but also an effective administrator and intellectual leader. The period of his leadership became known as the Rehnquist Court, and it was characterized by a reinvigoration of federalism principles and a sustained effort to limit the scope of congressional authority under the Commerce Clause.

Two of Rehnquist's most significant majority opinions as Chief Justice came in Commerce Clause cases. In United States v. Lopez (1995), the Court struck down the Gun-Free School Zones Act of 1990, holding that Congress had exceeded its authority under the Commerce Clause because the possession of a firearm in a school zone did not substantially affect interstate commerce. This was the first time in nearly 60 years that the Supreme Court had invalidated a federal statute on Commerce Clause grounds, marking a significant shift in constitutional law.

Rehnquist followed this with United States v. Morrison (2000), in which the Court struck down a provision of the Violence Against Women Act that allowed victims of gender-motivated violence to sue their attackers in federal court. Again writing for the majority, Rehnquist held that Congress had exceeded its Commerce Clause powers, reinforcing the limits on federal authority established in Lopez.

These decisions represented the core of Rehnquist's judicial philosophy: a belief that the federal structure of American government required meaningful limits on congressional power, and that the courts had a duty to enforce those limits. His approach drew both praise from those who favored a more constrained federal government and criticism from those who argued it undermined important civil rights protections.

Impeachment Trial of President Clinton

In 1999, Rehnquist presided over the impeachment trial of Bill Clinton in the United States Senate, as required by the Constitution for the Chief Justice during a presidential impeachment. Rehnquist managed the proceedings with a formal but efficient demeanor. The Senate ultimately acquitted Clinton on both articles of impeachment. Rehnquist later quipped, paraphrasing a line from the Gilbert and Sullivan operetta Iolanthe, that he had done "nothing in particular, and did it very well," a remark that reflected his characteristic dry humor.

Bush v. Gore

In the contentious 2000 United States presidential election, Rehnquist was part of the 5–4 majority in Bush v. Gore (2000), which effectively ended the Florida recount and secured the presidency for George W. Bush. Rehnquist also wrote a concurring opinion in the case, which remains one of the most debated decisions in Supreme Court history.

First Amendment Jurisprudence

Rehnquist's record on First Amendment issues was complex. He was generally not considered a strong defender of First Amendment rights in areas such as freedom of the press and the Establishment Clause, often taking positions that permitted greater government involvement with religion and less protection for certain categories of speech. However, he was protective of some First Amendment interests, particularly in certain free speech contexts.

Administrative Leadership

Beyond his judicial opinions, Rehnquist was noted for his effective management of the Court's operations. He ran oral arguments and conferences with efficiency, keeping discussions focused and on schedule. He earned the respect of justices across the ideological spectrum for his fairness in assigning opinions and managing the Court's workload. Even justices who frequently opposed his legal conclusions acknowledged his skill as an administrator and his personal collegiality.

Final Years and Illness

In October 2004, Rehnquist was diagnosed with anaplastic thyroid cancer. Despite his illness, he continued to serve on the Court, missing oral arguments only briefly before returning to the bench. He administered the oath of office to President George W. Bush at the January 2005 inauguration, appearing visibly frail but determined to fulfill his duties.

Rehnquist died on September 3, 2005, at his home in Arlington County, Virginia, at the age of 80. President George W. Bush issued a statement mourning his passing, saying: "Our nation is saddened today by the news that Chief Justice William Rehnquist passed away last night." Rehnquist was buried at Arlington National Cemetery.

Personal Life

William Rehnquist married Natalie Cornell in 1953, and the couple had three children together. Natalie Rehnquist died in 1991.

Outside of his legal career, Rehnquist was known for his varied personal interests. He was an avid reader with a particular interest in history and meteorology, the latter stemming from his wartime service as a weather observer. He was also known for his enjoyment of painting and for adding distinctive gold stripes to the sleeves of his judicial robe, inspired by a costume in a Gilbert and Sullivan production, a modification that became one of his personal trademarks on the bench.

Rehnquist's relationship with Stanford Law School classmate Sandra Day O'Connor extended throughout their careers. After O'Connor was appointed to the Supreme Court in 1981, the two served together for more than two decades, sharing both a professional bond and a personal friendship rooted in their shared educational background. The story of Rehnquist's marriage proposal to O'Connor during their law school years became a well-known piece of Supreme Court lore.

Recognition

Rehnquist's nearly 19-year tenure as Chief Justice made him the fifth-longest-serving chief justice in United States history and the ninth-longest-serving justice overall. His combined service as associate justice and chief justice spanned more than 33 years, from January 1972 to September 2005.

Upon his death, President George W. Bush praised Rehnquist's service, stating that the Chief Justice had served the nation with distinction and dedication. Bush described Rehnquist as a man who had served his country "with distinction and honor" and noted his contributions to American jurisprudence.

Rehnquist authored several books during his lifetime, including works on the history of the Supreme Court and the impeachment process, drawing on his own experience presiding over the Clinton trial. These works contributed to public understanding of the Court's institutional role and history.

The intellectual legacy of his mentorship was recognized in the careers of his former law clerks, most prominently John Roberts, who succeeded Rehnquist as the 17th Chief Justice of the United States. Legal commentators have observed that Roberts's judicial approach reflects aspects of Rehnquist's influence, with one SCOTUSblog analysis describing a Roberts opinion as "a subtle gesture of respect and affection for his former boss and predecessor."

Legacy

William Rehnquist's legacy in American law is defined primarily by his sustained effort to reestablish federalism as a central organizing principle of constitutional jurisprudence. His emphasis on the Tenth Amendment and his insistence on meaningful limits to congressional power under the Commerce Clause represented a significant departure from the expansive federal authority that had characterized constitutional interpretation since the New Deal era.

The decisions in United States v. Lopez and United States v. Morrison remain landmark rulings that continue to shape debates over the boundaries of federal power. These cases established that the Commerce Clause, while broad, does not grant Congress unlimited authority to regulate any activity that might have some attenuated connection to interstate commerce. This principle has been cited in subsequent legal disputes, including challenges to major pieces of federal legislation in the years following Rehnquist's death.

Rehnquist's opinion in Dames & Moore v. Regan has also maintained enduring significance, particularly in disputes over executive power in foreign affairs. As of 2025, the case was being cited in litigation over presidential tariff authority, demonstrating the continuing relevance of Rehnquist's jurisprudence decades after the original decision.

At the same time, Rehnquist's legacy is not without controversy. The allegations of voter suppression in Arizona, his early opposition to civil rights measures, and the questions surrounding the Jackson memorandum on Brown v. Board of Education remain subjects of historical debate. His dissent in Roe v. Wade and his consistent opposition to the constitutional right to abortion placed him at the center of one of the most divisive issues in American politics, a debate that continued long after his death when the Supreme Court overturned Roe in Dobbs v. Jackson Women's Health Organization in 2022.

Rehnquist's institutional contributions to the Supreme Court—his efficient management of the Court's operations, his fair treatment of colleagues across ideological lines, and his respect for the Court as an institution—are broadly acknowledged even by those who disagreed with his substantive legal positions. His tenure demonstrated that the Chief Justice's role extends well beyond casting votes on cases, encompassing leadership, administration, and the stewardship of the Court's legitimacy and public standing.