[Congressional Record Volume 151, Number 110 (Wednesday, September 7, 2005)]
[Senate]
[Pages S9695-S9696]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
HONORING CHIEF JUSTICE WILLIAM H. REHNQUIST
Mr. REID. Mr. President, I was a high school student in a place
called Basic High School in Henderson, NV. I was a boy about 16 years
old, and Mrs. Robinson came into the classroom. She was a part-time
counselor and a full-time government teacher. She pulled me out of the
class and she said, I have looked at all of your reports and you should
go to law school.
I had never met a lawyer, had never even seen a courthouse, let alone
been in one, but I accepted Mrs. Robinson's word that I should go to
law school. From that day forward, that is what I set my mind to do. I
came back here to go to law school. I was a full-time student at George
Washington University, went to school in the daytime and worked as a
Capitol policeman in the nighttime.
Still having never been in a courthouse, as a law student in an
appellate practice course I was taking, the students were invited to go
into the Supreme Court to listen to a Supreme Court argument. I can
remember going there. The case the professor chose was not one that
sounds very exciting. It certainly did not sound very exciting to me at
the time. It did not involve some spectacular criminal case. It
involved a case called Baker v. Carr. The first time I was ever in a
courthouse I listened to one of the most important, significant Supreme
Court arguments in the history of the country because those lawyers
debating this case, these issues of law, were there to talk about the
one man-one vote doctrine, which the U.S. Supreme Court a few months
later, after having heard these arguments, decided that we in the
United States would be bound by one man, one vote.
As a result of that, reapportionment took place in State legislatures
and, of course, in the United States through the Federal courts. In the
States where the legislature did not follow the one man-one vote rule,
the courts took over.
As I look back, I was so fortunate to be able to have my first
exposure to the law in the place where I later became a member of the
Supreme Court bar. Having heard that case is something I will always
remember.
I was a trial lawyer, and I have argued cases before the Nevada
Supreme Court and the Ninth Circuit, but I never argued a case before
the U.S. Supreme Court. I wish I had had that opportunity.
Having heard Baker v. Carr those many years ago, I have never
forgotten it. That is why it has been so pleasant for me to develop a
personal relationship with some of the Supreme Court Justices, one of
whom was the man whose funeral I will go to today at 2, William
Rehnquist.
I said earlier and I will say again, I had a tour of duty as chairman
of the Democratic Policy Committee and every Thursday there is an off-
the-record discussion that takes place in the Senate with Democratic
Senators, and we always try to come up with things that will interest
the Senators. I said to a number of my colleagues I wanted to invite
William Rehnquist to come to the Democratic Policy luncheon and they
said, no, he is a dyed-in-the-wool Republican, he is partisan, and he
will not come anyway.
I picked up the telephone and in a matter of a minute or two he was
on the line. I said, Mr. Justice, would you come to this policy
luncheon? You will talk for 5 or 10 minutes, and we will ask questions.
Yes, I would like to do that.
He came over to the LBJ Room, one of the best luncheons we ever had.
He answered all the questions. As I reflect on Justice Rehnquist coming
to that Democratic Policy luncheon, the thing I remember more than
anything else is how funny he was. He was a man physically large in
stature with a biting sense of humor.
I felt so comfortable having him preside over the impeachment trial.
That was also kind of an awkward time for me. I had just been selected
as the assistant Democratic leader. I had this seat right here. I had
never sat so close to what was going on before and I felt so
uncomfortable sitting here. My first tour of duty in the Senate in that
seat was as a Senator as part of the impeachment trial of President
Clinton.
Of course, I visited with him, talked to him when he kept getting up.
He had a bad back and he suffered a lot from physical pain for many
years as a result of his back. He would get up every 20 minutes or so
and stand and walk around his chair. I had a number of very nice, warm
conversations with him at that time.
The conversation I will remember beyond all other conversations with
the Chief Justice, there was so much speculation in the newspapers
about he was sick and he was going to step down and would it be this
Monday or the next Monday or when was it going to be. So in that I felt
comfortable and had spoken to him on the telephone a number of
occasions, I called him at his home and I said, I am sorry to bother
you at home. He was not well. I said, the simple reason I have called
you is to say, do not resign.
He said, I am not going to.
I am not going to talk about all that was said during the call, but I
would say he told me he was not going to resign. I will always remember
that telephone conversation with the Chief Justice of the United
States. I am confident I did the right thing in calling him. I did not
tell any of my colleagues. I did not tell my family. I did not tell
anybody, but I picked up the telephone and I called him, and I am glad
I did.
So I join with the distinguished majority leader in spreading on the
record of this Senate the accolades for this good man. He was very
politically conservative, so I understand. He served as a lawyer for 16
years after he graduated first in his class at Stanford Law School and
I have a great amount of affection for that law school. One of my
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boys went to Stanford. It was a wonderful place to go to school. He
served in the Army Air Corps. He was Phi Beta Kappa. That was not
enough education for him. He got a second master's degree at Stanford
after having gotten a master's degree at Stanford.
I am sorry that he is not going to be on the Court any more because I
thought he was an outstanding administrator. He spoke for the Federal
judges with strength and clarity. When we kept piling stuff on Federal
judges to give them jurisdiction and do things, he complained about it.
He said they work too hard, they have too much to do. So we are going
to miss his voice.
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