[Congressional Record Volume 151, Number 110 (Wednesday, September 7, 2005)]
[Senate]
[Pages S9697-S9699]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




              HONORING CHIEF JUSTICE WILLIAM H. REHNQUIST

  Mr. McCONNELL. Madam President, it is my privilege to join others in 
discussing the life and career of the late Chief Justice William 
Rehnquist. Chief Justice Rehnquist was only the 16th Chief Justice in 
American history. John Jay was the first, sworn in in October of 1789. 
Many of us had an opportunity to go over and pay our respects, over in 
the Supreme Court a few moments ago, and had a chance to look at the 
busts of those Chief Justices.
  Chief Justice Rehnquist filled the role defined for him by our 
Founding Fathers with wisdom and with dignity. Millions of Americans 
honor him for his legacy of achievement. When I went home last night, I 
noticed a long line of people waiting to file past the casket and pay 
their respects to this wonderful man.
  I first met the Chief Justice in 1969 here in Washington. At the 
time, he was Assistant Attorney General for the Office of Legal 
Counsel. I was a young legislative aide to a Senator named Marlow Cook, 
who represented the Commonwealth of Kentucky. Senator Cook was on the 
Judiciary Committee and this was a period in which there were a couple 
of highly contentious Supreme Court nominations. Judge Clement 
Haynsworth of the Fourth Circuit, who was subsequently defeated, and 
District Judge Harold Carlswell from Florida, who was also defeated. So 
President Nixon had not only one but two nominations at the Supreme 
Court defeated.
  Bill Rehnquist, which is what I called him in those days, was the guy 
who sort of crafted the speeches and helped us, helped the Republicans 
and as many Democrats who were interested in supporting those two 
nominees--helped us craft the speeches and did the important work of 
helping us express ourselves. My boss ended up supporting Haynsworth 
and opposing Carlswell, so I was not working with Bill Rehnquist on the 
second nomination.
  He was an extraordinary person: Dedicated, hard-working, the smartest 
lawyer I had ever been around at that point, and even after all these 
years I would still say he was the smartest lawyer I had ever been 
around; a keen intellect with a very sharp mind. He was also, as others 
have pointed out and will point out this morning, a kind and personable 
man, which he remained even while rising to the foremost position in 
American jurisprudence.
  After working for Senator Cook, I returned to Kentucky in January of 
1971, thinking I was sort of through with Washington. Toward the end of 
the year, to my surprise and pleasure, President Nixon nominated Bill 
Rehnquist to be on the Supreme Court. So, on my own nickel, I came back 
to Washington for a month and worked on his confirmation--just as a 
volunteer, and did odd jobs and helped do whatever was thought to be 
appropriate by those who were officially in charge of his confirmation. 
But it was a thrill to see him confirmed to the Supreme Court.
  Later, in 1986, when President Reagan elevated Justice Rehnquist to 
the Chief Justice position, by then I was a Member of this body and, in 
fact, a member of the Judiciary Committee. So that was my second 
opportunity to work on a William Rehnquist nomination to the Supreme 
Court. Of course, I was proud to be involved in that and very proud to 
vote to confirm him.
  The Chief Justice served our country with his characteristic wisdom 
and grace. After leading the Court for 19 years, he was the longest-
serving Chief Justice since 1910. He was only the fifth Chief Justice 
in our Nation's history to have previously served as an Associate 
Justice. He exemplified the highest virtue for a Justice: He entered 
each case with an open mind, free of bias, never prejudging the case 
before the decision was made. In fact, some of his decisions over the 
years surprised observers and proved that he was willing to rethink 
opinions he may have once held. Actually, that is a good thing.
  He reminded us that judges should be like umpires--never taking 
sides, just fairly applying the rules.
  He leaves behind him a legacy that will be studied for generations. I 
would submit that a chief component of that legacy will be his steering 
the Supreme Court back toward the principle of federalism, which, 
alongside separation of powers, stands as one of the two structural 
principles undergirding our Constitution. Chief Justice Rehnquist 
expressed that view in dissent after dissent in the early years when he 
was on the Court until, with time, his dissenting views became majority 
ones. Because of his clear understanding of the underlying purpose of 
federalism, he worked to establish a jurisprudence that guards against 
untrammeled Federal power and helps ensure that decisions that are 
purely local in nature will remain in the hands of the citizens who 
must, of course, abide by them.
  The Chief Justice earned a reputation for being a fair and even-
handed leader of the High Court. Former Justice William Brennan, who 
was frequently on the opposite side in cases, said Chief Justice 
Rehnquist was ``meticulously fair in assigning opinions.'' He went on 
to say that since Rehnquist's ascension to the Chief Justice position, 
``I can't begin to tell you how much better all of us feel . . . and 
how fond all of us are of him personally.'' That was Justice Brennan, 
with whom Justice Rehnquist rarely agreed.
  In this recent age of many 5-to-4 decisions, it is all the more 
extraordinary that the Chief Justice created such a harmonious court. 
The late Justice Thurgood Marshall, who served with the Chief Justice 
from 1972 to 1991, said simply that William Rehnquist is ``a great 
Chief Justice.''
  As Chief Justice, William Rehnquist was the same honest and upright 
man I had observed when I first met him back in 1969. In his final 
months as Chief, he reminded us all once again what it means to serve 
with dignity and honor, as he persevered through his fight with cancer. 
Who was not moved to see the concept of ``duty'' personified on January 
20, 2005, when, under extraordinary physical duress, he administered 
the oath of office to the President of the United States?
  This Nation owes Chief Justice Rehnquist a debt that can never be 
fully repaid. He served his country in combat with the Army Air Corps 
during World War II, as a law clerk to Associate Justice Robert 
Jackson, as an Assistant Attorney General, as Associate Justice, and 
finally as Chief Justice of the United States. Throughout it all he 
stood for the rule of law and the upholding of the principles that this 
Republic holds dear. In my opinion, he was the most consequential Chief 
Justice since John Marshall. I repeat: the most consequential Chief 
Justice since John Marshall.
  Elaine and I extend our sympathies to his family, his daughters Janet 
and Nancy, his son James, his sister Jean, and his nine grandchildren.
  As miraculous a document as it is, the Constitution is only words on 
paper. It requires men and women of principle to see its meaning and 
spirit made real. William Rehnquist was one of those persons. Our 
grateful Nation will always remember his heroic service and his 
devotion to duty until the very end.
  I yield the floor.
  The PRESIDING OFFICER. The Senator from Alaska.
  Mr. STEVENS. Madam President, let me thank the distinguished 
Democratic whip for letting me precede him in making this statement.
  It was with great sadness that I learned of Chief Justice Rehnquist's

[[Page S9698]]

passing, and even more sad when I joined the Senate to pay our last 
respects to him this morning.
  I first met Bill Rehnquist in 1952. We were both young lawyers here 
in Washington, DC. We each had taken jobs here in Washington after 
finishing law school and in the course of many months became very good 
friends. In fact, my first date with my first wife was double-dating 
with Bill Rehnquist.
  We had both served in the Army Air Corps during World War II, and we 
were comrades in the deepest sense of the word. I respected Bill 
personally then and professionally. He was a law clerk to Supreme Court 
Justice Jackson.
  He took his responsibilities to the Court and to the American people 
very seriously. Bill Rehnquist was devoted to the rule of law and to 
our democratic system.
  In many of our Nation's most turbulent moments, we relied upon Chief 
Justice Rehnquist's commitment to the law to steer us toward calmer 
waters. History will remember his evenhandedness and his impartiality 
in the face of tough decisions. During the impeachment process, which 
he chaired in the Senate, the Chief demonstrated his fairness and his 
commitment to follow precisely our Constitution and the precedents of 
the past. It was during that time that I once again had the privilege 
of sharing lunches and coffees and just talking off the floor with my 
great friend of the past.
  Bill Rehnquist was a humble and gracious man, as we all know. Among 
his clerks and among his friends, he was known just as ``the Chief,'' 
and he was guided by the belief that no man is more important than the 
nation or the institution he serves. It was this belief that guided his 
efforts to narrow the concept of judicial activism and restore our 
system to its constitutional roots.
  I didn't always agree with Bill Rehnquist. As a matter of fact, as 
young lawyers, we had a lot of arguments. But I knew he was a brilliant 
man, and he proved to be a great administrator for our Supreme Court. 
Those of us who knew the Chief respected his commitment to law and 
valued his advice and counsel. His friends were from all walks of life. 
He counted law clerks, Senators, Congressmen, and Presidents among his 
friends.
  He embodied the lines in the Rudyard Kipling poem, ``If.'' Bill 
Rehnquist could ``walk with kings'' without losing ``the common 
touch.''
  Those of you who knew him will miss the Chief's wry sense of humor. 
As a matter of fact, inspired by a costume from his favorite Gilbert 
and Sullivan operetta, he is the only Justice who added four gold 
stripes to each sleeve of his black Supreme Court robe.
  He also loved a practical joke. One of my favorite stories is an 
April Fools' prank played on Chief Justice Warren Burger, with whom I 
also served at the Department of Justice. Bill put a life-size photo of 
Warren Burger on the front steps of the Supreme Court building with a 
sign asking tourists to pay $1 to get a picture with the Chief Justice. 
Remember, it was April Fools' day. He then drove the Chief Justice by 
those steps so he could see his reaction to this prank.
  But he said once to me, ``The Chief Justice brings to the office no 
one but himself.'' This may be true, but this Chief Justice leaves 
office with the gratitude of our entire Nation. You can see it today in 
those long lines over by the Supreme Court. The Supreme Court has lost 
a great legal mind, the country has lost a devoted public servant, and 
I have lost another good friend.
  Catherine and I extend our deepest sympathies to Bill's family and 
friends. He will be missed by all--greatly by me.
  The PRESIDING OFFICER. The Senator from Illinois.
  Mr. DURBIN. Madam President, I know the Senator from Alabama is 
waiting to speak. I would like to ask him how long he would like to 
speak so we can set up a time arrangement with the Senator from 
California.
  Mr. SESSIONS. I am thinking 7 to 10 minutes.
  Mr. DURBIN. If it meets with the Chair's approval, I ask unanimous 
consent that after I finish speaking, the Senator from Alabama speak 
for 10 minutes and the Senator from California for 15 minutes.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Mr. DURBIN. Thank you, very much. I will try to be brief and to the 
point.
  Chief Justice Rehnquist was a person I probably disagreed with in 
most political arguments. I read his opinions, and I realized that we 
just looked at the world in a different way. Yet I liked him. I liked 
him a lot.
  I had two direct contacts with him as U.S. Senator, the first as a 
new Member of Senate and as a member of the Senate Judiciary Committee, 
and I received an invitation to come across the street, which is 
unusual, from the Senate to the Supreme Court for lunch. It was with a 
Federal judicial council. I was flattered and accepted the invitation. 
I then started asking the staff: Who are these people? They said: They 
are Federal judges from all across the United States. They gather 
together infrequently across the street for lunch in the Supreme Court, 
in a large chamber with the Chief Justice. They have invited you to 
come and speak to them.
  Reflecting on my storied legal career as a small-town lawyer in 
Springfield, IL, and the fact that I didn't set the world on fire in 
law school, I wondered why they would ever invite me. Then it dawned on 
me. I was the ranking member on the court administrations subcommittee 
of the Judiciary Committee which had responsibility for determining the 
salaries of Federal judges. So they were going to entertain me for 
lunch and pay close attention to all of my views in the hopes that I 
would listen carefully when they recommended increases in judicial 
salaries. That is exactly what happened. But the circumstances of that 
meeting were amazing.
  It was a large room and a huge table. There were two chairs empty as 
I walked into the room with all of these federal judges in every 
direction. I sat in one of them. Then we waited quietly, and the door 
of the back room opened and everyone stood as Chief Justice Rehnquist 
came in to sit next to me. As he sat down, I thought to myself: There 
isn't a single law professor I ever had in school who would ever dream 
I would be sitting next to the Chief Justice, but I am certain my 
mother looking down from heaven thought it was entirely appropriate 
that her son was sitting next to the Chief Justice of the United 
States.
  The second time was the impeachment trial in the Senate, which was 
presided over by Chief Justice Rehnquist. There is a small room called 
The President's Room. It is a historic chamber, and people often go in 
there for quick meetings off the floor. It became the Chief Justice's 
office when he was here for the impeachment trial. It was a curious 
setup because as you walked by there, he had a desk that was literally 
smack dab in the center of the room with the chair behind it, and I do 
not recall that there was any other furniture in the room. He just kind 
of sat there isolated, like this little island. I would walk by and 
glance in there from time to time.
  Finally, I got the courage to walk in and talk to him. He dropped 
what he was doing and started talking right away. I was impressed. The 
man was entirely approachable, personable, and funny. He had a ton of 
questions about the Senate because he had been for over 30 years at the 
Supreme Court and the Senate was brand new to him. He asked basic 
questions and joked about the rollcalls. He said, ``I love it when we 
have a rollcall, and it will be Bayh `aye' and Snowe `no.' He said, ``I 
just love to listen as you call the roll here in the Senate.''
  We had a great conversation. He gave me a book he had written about 
the impeachment process. He agreed to autograph a few things. I really 
liked him a lot personally.
  I can understand why those who disagreed with him politically still 
thought the world of Chief Justice William Rehnquist. He was a man 
dedicated to public service. I respected him so much for that.
  As others have said, when he showed up in frail health at the second 
inauguration of President George W. Bush on a blustery, cold day to 
administer the oath, it was a great gesture on his part. It showed his 
personal commitment to his job as Chief Justice, his love of his 
Nation, and his responsibility. We are going to miss him. Very few men 
and women ever get the chance to serve as Chief Justice.

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  The Rehnquist Court was a Court which because of his leadership will 
be remembered for many years to come.

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