[Congressional Record Volume 151, Number 110 (Wednesday, September 7, 2005)]
[Senate]
[Pages S9703-S9706]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
HONORING CHIEF JUSTICE WILLIAM H. REHNQUIST
Mr. HATCH. Mr. President, I want to pay tribute to a good man whom I
knew well, who was a great judge, the late Chief Justice William
Rehnquist.
His service and leadership on the Supreme Court, the principles he
consistently followed, and the steady hand with which he guided the
judiciary make him one of the judiciary's very best.
William Hubbs Rehnquist served on the Supreme Court of the United
States for 33 years and almost 8 months.
He was the eighth longest serving of the Court's 108 members, having
recently surpassed the tenure of the legendary Justice Joseph Story.
He was the fourth longest serving of the Court's 16 Chief Justices,
and one of just five individuals to have served as both Associate and
Chief Justice.
William Rehnquist's service was a powerful mixture of the personal
and the professional.
He brought a kind of dignified practicality, or perhaps it was
practical dignity, to what is one of the most formal and respected
posts in the Federal Government.
William Rehnquist was the historian who could play a practical joke,
the defender of the judicial institution who played poker with his
colleagues.
We will miss this scholar and author, who also led an annual
Christmas carol sing-along for the Court's employees.
Yesterday, his former clerks surrounded his casket and carried it
past his former colleagues into the Court where he lay in repose in a
plain white pine casket. It was so touching.
We were all touched by Justice Sandra Day O'Connor weeping at the
loss of a man who had been a fellow law student more than 50 years ago
and was a fellow Justice for the past 24. He was No. 1 in his class;
she was No. 3. They were close friends.
The respected legal analyst Stuart Taylor writes that one attribute
of greatness is being esteemed by one's colleagues. Whether his fellow
Justices voted with him or against him on the cases before the Court,
they all cherished and esteemed him.
Liberal icons such as Justice William Brennan called Chief Justice
Rehnquist a breath of fresh air.
Justice Thurgood Marshall called him a great Chief Justice.
Justice Lewis Powell said he had a good sense of humor and was both
generous and principled.
When President Nixon nominated William Rehnquist to be an Associate
Justice in 1971, Attorney General John Mitchell said he expected
Justice Rehnquist to be independent.
Before the Judiciary Committee, the nominee pledged as his
fundamental commitment to totally disregard his own personal beliefs
when interpreting and applying the law.
Democratic Senator John McClellan of Arkansas, a member of the
Judiciary Committee, explained in the pages of the New York Times why
he supported what he called a distinguished nominee.
He said that William Rehnquist would not contribute to the trend
of pursuing abstract goals driven by ideology rather than law. As both
Associate and Chief Justice, William Rehnquist confirmed Senator
McClellan's judgment.
Chief Justice Rehnquist strongly defended the prerogatives of the
judicial branch. This alone might give pause to those who believe the
judiciary was already too strong.
But he coupled that commitment to institutional vigor with a fidelity
to constitutional rigor.
While insisting that the Court was the primary interpreter of the
Constitution, he did not join those who said the Constitution's meaning
ebbed and flowed with the latest cultural and political fad.
Chief Justice Rehnquist understood that we entrust interpretation of
our laws to unelected judges only because, as he had, they promise to
keep their own moral and political viewpoints on the sideline.
Over time, by example and leadership, this principle helped him move
the Court toward its traditionally modest role within our system of
government.
Commentators and reporters discussing the Chief Justice's legacy
almost reflexively use the moniker ``Lone Ranger'' to describe the new
Associate Justice Rehnquist.
He was sometimes a lonely dissenter on a Court that saw itself as the
vanguard of social change.
In that role, however, he reminded us of the fundamental principles
that should guide the judiciary.
Judges may not exercise judicial review based on their personal
opinions, preferences, or agendas. They must take the Constitution as
they find it and apply it as it is.
As new Justices joined the Court, and Chief Justice Rehnquist
continued articulating and applying such traditional principles, he
found himself with more company.
While some talk of Chief Justices as able to bring colleagues
together in a particular case, Chief Justice Rehnquist did so,
patiently and steadily, over the long haul of his entire tenure.
In a 1996 address at American University's Washington College of Law,
Chief Justice Rehnquist called judicial independence the ``crown
jewel'' of the American judicial system.
He took this seriously on a personal as well as a judicial level.
In this last year or so, William Hubbs Rehnquist lived and finished
life on this earth in his own independent way.
He shared what he wanted to share, when and how he chose to share it.
He carried himself with dignity, in a way protecting his privacy
publicly, if such a thing is possible.
He was a good man and a good judge.
Our lives, individually as citizens and collectively as a nation, are
much better for him having been among us.
I knew him personally. I know what a great man he was, as far as I am
concerned. I know what a supreme intellect he was on that Court. I know
what a decent, honorable, honest person he was on that Court. I can
remember one lunch I had with Chief Justice Rehnquist, Justice Scalia,
and Justice Kennedy. It was terrific luncheon, filled with intellectual
repartee. It was a luncheon that I will never forget. I can remember
his smiling from time to time as his colleagues made some of their
points. He had this wry sense of humor that I suppose came from the
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people that he was born and raised with in his own State. This is a man
of tremendous, inestimable talent, intellect, and ability. But he was
warm. He was kind. He was decent. The only time I saw any flare for the
unusual was the stripes on his black robe. That was done tongue in
cheek, to just kind of lampoon some of the overseriousness some of us
sometimes have with regard to the Supreme Court.
William Rehnquist was a good father. His daughter Janet worked with
us on my staff for a short time. I think the world of her. She is a
good person. The other offspring of Justice Rehnquist are also good
people. I knew Justice Rehnquist's wife who preceded him in death. She
was a beautiful, lovely human being, to whom he gave great deference.
This was a man who counted. This was a Chief Justice who made a
difference. This is a person whom I respect and whom I care for.
I yield the floor.
Mr. CONRAD. Mr. President, today, we remember the life and dedication
of one of the most influential leaders of the U.S. Supreme Court.
William H. Rehnquist, 16th Chief Justice of the United States, passed
away on Saturday, September 3, 2005. A midwesterner, Rehnquist's
service to our country dates back to March 1943 when he was drafted to
the U.S. Army Air Corps, the equivalent of today's U.S. Air Force. He
served in World War II until 1946.
After his time in the military, Rehnquist began his academic journey
under the G.I. bill at Stanford University, where he earned a
bachelor's degree, a master's degree, and ultimately graduated first in
his class at the Stanford Law School. After clerking for Justice Robert
H. Jackson, Rehnquist spent the next 16 years in private practice in
Arizona.
In 1971, President Nixon nominated William Rehnquist to be an
Associate Justice on the Supreme Court. As Associate Justice, Rehnquist
was nicknamed the ``Lone Ranger'' for his many lone dissents on the
nine-member Court.
In 1986, President Ronald Reagan elevated William Rehnquist to Chief
Justice of the United States. In that role, Rehnquist became known for
his ability to foster and retain collegiality among Associate Justices
with widely differing views on the issues before the Court. He was an
outstanding leader of the judicial branch of our Government.
Those of us in the Senate probably remember him best for his service
during the impeachment trial for President Clinton. He presided over
that historic event with dignity and decorum.
Over the past year, as he battled cancer, Chief Justice Rehnquist was
as determined and sharp as ever, doing his job faithfully until the day
that he passed away.
Today, we remember the Chief Justice's passion, dedication, and
brilliance. And we also remember his great sense of humor. Bill
Rehnquist will be sorely missed by his family, his friends, and his
country.
Mrs. HUTCHISON. Mr. President, I rise today to recognize and honor
one of our country's greatest judicial leaders, a noble public servant,
the 16th Chief Justice of the United States, William Hubbs Rehnquist.
For the past 33 years, the last 19 of which as its leader, Chief
Justice Rehnquist served the Supreme Court with honor, wisdom, and keen
judgment. His record will be remembered as one of ideological
dedication and devotion in a court of consensus and collegiality.
A native of Milwaukee, WI, William Rehnquist first answered his
country's call to service in World War II by serving in the Army Air
Corps as a weather observer in North Africa from 1943 to 1946. Upon his
return, he earned his bachelor's and master's degrees in political
science from Stanford University in 1948, and a master's degree in
government from Harvard University in 1950. He earned his L.L.B. from
Stanford in 1952, graduating first in his class, a class which included
his future Supreme Court colleague Sandra Day O'Connor.
Chief Justice Rehnquist's first experience with the Supreme Court
came when he clerked for Associate Supreme Court Justice Robert
Jackson. Rehnquist observed during this time at the Court what he would
later describe as the ``expansion of federal power at the expense of
State power.''
After his clerkship, Rehnquist moved to Phoenix, AZ, where he
practiced law in the private sector for more than 15 years. During this
time, he became involved in politics; and when President Nixon was
elected in 1968, Rehnquist was asked to serve as Assistant Attorney
General for the Justice Department's Office of Legal Counsel. Three
years later, in 1971, President Nixon nominated Rehnquist to replace
Justice John Marshall Harlan on the United States Supreme Court.
From his early years as an Associate Justice through his years as the
Court's leader, Chief Justice Rehnquist chartered a course to
reestablish the important principle of federalism, an integral part of
our Nation's constitutional structure. In cases such as National League
of Cities v. Usery in 1976 through U.S. v. Lopez in 1995, his opinions
aimed to protect the role of the States within the Federal system by
recognizing that our government is one of enumerated rights and dual
sovereignty.
Though a strong and vigorous advocate for his beliefs, Chief Justice
Rehnquist was always respectful of his colleagues and committed to the
rule of law, never allowing politics or infighting to threaten his
Court. All of us in the Senate got to know Chief Justice Rehnquist when
he presided over the impeachment trial of President William Clinton. He
was a decisive, but not intrusive arbiter. His insightful observations
about the operation of the Senate were both serious and humorous. A
profound defender of the Constitution and a staunch protector of
liberty, Chief Justice Rehnquist has left behind a legacy of
thoughtfulness and quiet intellect, and will be remembered as one of
our Nation's greatest judicial leaders.
Mr. ENZI. Mr. President, I was sad to hear of Chief Justice
Rehnquist's passing, but I want to share my gratitude for his service.
He exceeded all but seven Justices by the length of his 33 years on the
Supreme Court bench. President Nixon nominated him to be the 100th
Supreme Court Justice in 1971. Fourteen years later, President Reagan
nominated him to serve as Chief Justice. In his tenure as Chief
Justice, he oversaw benchmark cases and events that helped to shape the
Supreme Court and the country as we know it today. His efficient
management of the Court and careful interpretation of the Constitution
provide a good example for future Chief Justices.
He was a very learned man, interested in a wide range of topics and
pleasant to be around. In 1952, he graduated first in his law school
class at Stanford. In addition to his law degree, he held master
degrees in political science from Stanford and Harvard.
He left law school and moved to Washington, DC, to clerk at the
Supreme Court, a place where he would eventually spend over a third of
his life.
At times, our lives intersected. During the impeachment trial of
President Clinton, I presided on the Senate floor just before Chief
Justice Rehnquist took the presiding officer's chair--and then I took
over each day as he left the chair. I also presided when he was
escorted out of the chamber following the end of the trial. I enjoyed
reading his book about civil liberties in wartime and his book about
the history of impeachments, which I was fortunate enough to get him to
sign for me.
Now in the wake of his death and one of the worst natural disasters
in U.S. history, the Senate will soon move to fill the vacancies on the
court. People are going through some hard times in our country. Chief
Justice Rehnquist knew about hard times.
He returned to the bench after being diagnosed and treated for
cancer. He fought bravely to finish his job and spurned the rumors of
retirement this summer. He stated that he would ``continue as long as
his health permits.'' And he did. I admire him for it.
We also must continue to do our job by holding hearings and then
voting on the President's nominees to the court. If we keep the
political posturing to a minimum, we should have plenty of time to fill
the spot of the man who held it for so long and so well.
Mr. FEINGOLD. Mr. President, today we mourn Chief Justice William H.
Rehnquist, who faithfully served the Supreme Court and our Nation for
33 years--19 of them as Chief Justice. That tenure made him the fourth-
longest serving Chief Justice in the history
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of our Nation, surpassed only by Chief Justices Melville Weston Fuller,
Roger B. Taney, and John Marshall. He was also the fifth longest
serving Justice in our history. Walter Dellinger, former acting
Solicitor General in the Clinton administration, has suggested that
Chief Justice Rehnquist will be judged by history as one of the three
most influential Chief Justices, together with Marshall and Chief
Justice Earl Warren. We have truly lost a historic figure.
It is with pride, then, that we in Wisconsin claim Justice Rehnquist
as a native son. He was born in our State, and Wisconsin was his first
home. He grew up in Shorewood, a suburb of Milwaukee, and graduated
from Shorewood High School in 1942. Wisconsin must have provided a good
foundation for his future; he went on to graduate first in his class
from Stanford Law School and to clerk for former Supreme Court Justice
Robert H. Jackson, another of the great jurists of the 20th century.
I have deep respect for this son of Wisconsin, although I did not
always agree with his substantive legal views. Indeed, we are hearing
praise for Justice Rehnquist from across the political and legal
spectrum. To be admired and respected despite philosophical differences
is one of the marks of a truly great man.
Justice John Paul Stevens, perhaps Rehnquist's most ideologically
distant colleague on the current Court, paid tribute to him on behalf
of the entire Court on the occasion of Justice Rehnquist's 30th
anniversary on the bench. Justice Stevens praised him for his
efficiency, good humor, and absolute impartiality when presiding over
Court conferences. That Chief Justice Rehnquist possessed sufficient
intellectual strength and personal skill to preside over discussions
among nine of the finest legal minds in the nation and to earn their
respect is no small feat, particularly considering the difficulties and
dissension that have marked discussions and conferences in other eras.
All acknowledge that Chief Justice Rehnquist was a devoted and skilled
court administrator, not just for his own highest court but also in his
role as guardian of our entire third branch of government, the Federal
judiciary.
In addition to his accomplishments on the Court, Chief Justice
Rehnquist deserves our greatest respect for the dignity and fortitude
with which he conducted himself in the last year. Despite the fact that
he was clearly suffering from serious illness, he continued to serve
the public and the Court. He was an inspiration to all who encounter
physical obstacles in carrying out their duties, to all who face the
challenges of illness or disability but still want to contribute to
their country or their communities.
History will judge whether Chief Justice Rehnquist led the Court in a
direction that was good for the country. For now, it is appropriate to
recognize his intellect and his service. I have deep respect for
Justice Rehnquist's integrity, his personal fortitude and his devotion
to the Court and the entire judicial branch. Wisconsin will miss our
distinguished son.
Mr. HAGEL. Mr. President, I rise today to honor the late Chief
Justice William H. Rehnquist. The Chief Justice leaves behind a legacy
as one of the longest serving and most influential members of America's
highest Court. America is a better and stronger nation because of his
distinguished service on the U.S. Supreme Court.
As many from his generation did, Chief Justice Rehnquist served in
the military during World War II. He relied on the GI bill to attend
college after the war and graduated from Stanford law school at the top
of his class. In 1951 and 1952, Justice Rehnquist served as a U.S.
Supreme Court law clerk to Justice Robert Jackson, and then went on to
a distinguished career in private legal practice.
In 1971, President Nixon nominated Rehnquist to replace John Marshall
Harlan on the Supreme Court, beginning one of the longest terms of
service in the history of the U.S. Supreme Court. In 1986, President
Ronald Reagan nominated Justice Rehnquist to be Chief Justice. He
served in that capacity for over 18 years.
Only 16 individuals have served as Chief Justice of the U.S. Supreme
Court. Legal scholars identify periods of evolution in American
jurisprudence by the name of the Chief Justice presiding during each
era. The Rehnquist Court will go down in American history as one of the
most important.
As an Associate Justice, Rehnquist began coaxing the Court back into
the role our Founders envisioned. As Chief Justice, Rehnquist continued
to gradually pull the Court away from promoting particular social
policies and back toward the principles of federalism enshrined in our
Constitution. By the time he was through, Rehnquist had patiently
helped reshape the relationships between our branches of Government and
the States.
Chief Justice Rehnquist deserves enormous credit for returning the
Court to its role of analyzing and interpreting the Constitution and
our laws. History will judge Chief Justice Rehnquist well for the way
in which he shaped and guided the Supreme Court during his service to
our Nation.
America will miss him.
Mr. CORNYN. Mr. President, today I rise to pay tribute to one of the
greatest legal minds of our day: Chief Justice William Hubbs Rehnquist,
who passed away late Saturday night. His death is a tremendous loss to
our entire Nation. I join my fellow Americans in both mourning his
passing and honoring his profound contribution to our country.
Chief Justice Rehnquist faithfully served the American people on
their Supreme Court for 33 years. Without question, our country owes
him a debt of great gratitude.
The individual who occupies the center seat on the Supreme Court is
not the Chief Justice of the Supreme Court, but the Chief Justice of
the United States--the one person who embodies our national commitment
to constitutional democracy and to the rule of law. Throughout his
life, William Hubbs Rehnquist revered the Supreme Court and the rule of
law as few people have--not only as our Nation's Chief Justice for 19
years, as Associate Justice for 14 years, and as a high Court law
clerk, but also a student and a scholar of the Supreme Court. Rehnquist
has written numerous books on legal history and the Supreme Court--
including: The Supreme Court: How It Was, How It Is; Grand Inquests:
The Historic Impeachments of Justice Samuel Chase and President Andrew
Johnson; All the Laws But One: Civil Liberties in Wartime; and
Centennial Crisis: The Disputed Election of 1876.
William Hubbs Rehnquist was born October 1, 1924, in Milwaukee, WI.
He entered the U.S. Army Air Force and served in World War II from 1943
to 1946. Rehnquist obtained his undergraduate degree from Stanford
University and two master's degrees from Stanford and Harvard
Universities. He received his law degree from Stanford, graduating
first in his class. Rehnquist served as a law clerk for Justice Robert
H. Jackson, then practiced law in Phoenix, Arizona. President Richard
Nixon appointed Rehnquist to serve, first as Assistant Attorney General
in charge of the Office of Legal Counsel at the U.S. Department of
Justice, and then as Associate Justice in 1972. President Ronald Reagan
nominated him Chief Justice in 1986.
The Supreme Court enjoyed renewed admiration under Rehnquist's
leadership. Guided by Rehnquist's steady hand, the United States Senate
weathered one of the most difficult and controversial moments in our
nation's modern history--the impeachment trial of a sitting U.S.
president.
Rehnquist believed that the best judiciary was a restrained
judiciary--one that would adhere to the letter of the law--not to the
personal policy preferences of its members. Two areas in particular
stand out in my mind as perhaps the most lasting examples of this
legacy.
The Rehnquist Court may perhaps best be remembered for the
restoration of common sense to our criminal justice system. Many
Americans perhaps do not remember the days of the Supreme Court under
Chief Justice Earl Warren. The 16 years under Warren, from 1953 to
1969, were nothing short of a heyday for criminals in America. Many
Americans probably are familiar with the notion of letting a criminal
off on the basis of a ``technicality.'' This notion originated in the
years of the Warren Court. The Supreme Court let countless criminals go
free because police officers did not say precisely what the Court
wanted them to say when they arrested criminals, or because warrants
did not say precisely
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what the Court wanted them to say when the police searched criminals.
It is no exaggeration to assert that, at that time, the rights of
criminals were placed before the rights of victims--not to mention
before the wellbeing of society in general.
This period ended when President Reagan elevated William Rehnquist to
Chief Justice. Chief Justice Rehnquist did his level best to return our
Constitution to its original understanding, an understanding that gives
law enforcement officials the freedom they need to protect society from
criminals. Over the last decade, we have witnessed an historic decline
in violent crime all across America. This is due, in no small part, to
the efforts of Chief Justice Rehnquist.
The second area, one equally, if not more important than the first,
was the effort to restore the federal-state partnership known as
``federalism'' envisioned by our Founding Fathers. Our Founding Fathers
believed that States and the Federal Government should be equal
partners. Indeed, it was the view of our Founding Fathers that the
Federal Government should have limited and enumerated powers, and, in
fact, the primary authority to legislate should be left to State
governments. I know this might come as a surprise to some, but not all
wisdom emanates from Washington DC. State governments, after all, are
closer to the people than the Federal Government is. Our Founding
Fathers realized this fact.
Unfortunately, many Supreme Court Justices did not. Over the years,
many of these Justices had interpreted the Constitution to give the
Federal Government unlimited powers. These Justices characterized
everything the Federal Government wanted to do as a regulation of
``interstate commerce.''
This was a fiction, of course, but over the years the Federal
Government grew bigger and more powerful, the State governments grew
smaller and less powerful, and the American people became less free.
Chief Justice Rehnquist did his part to stem this tide. He tried to
stand for our Constitution and the founding vision that not everything
should be left to the Federal Government. Although this project is
still unfinished, Chief Justice Rehnquist made impressive strides, and
there is no question that our Nation is better off today for his
efforts.
Chief Justice Rehnquist's passing also reminds us that Supreme Court
Justices are, after all, human beings--and that they should be treated
with civility and respect, not as political pawns. Thus, perhaps the
best way that we in the Senate might pay tribute to Chief Justice
Rehnquist's legacy is to put partisanship aside in the judicial
confirmation process.
President Bush has now fittingly nominated one of Rehnquist's former
law clerks, Judge John Roberts, to replace him as Chief Justice. We
should do the right thing by Chief Justice Rehnquist and vote on Judge
Roberts's nomination as expeditiously as possible--and without some of
the political posturing that has greeted other well-qualified nominees.
My thoughts and prayers are with Chief Justice's Rehnquist's family.
The Nation suffered a profound loss on Saturday night. I am confident,
however, that we in the Senate will do our part to proceed in a manner
that honors the memory of our late Chief Justice and in a manner that
would make him proud.
Mr. KYL. Mr. President, the death of William Hubbs Rehnquist leaves
us saddened but also grateful for his more than three decades of
service to his country as a Justice of the U.S. Supreme Court,
including 19 years as its Chief Justice.
I first met Chief Justice Rehnquist when he was a lawyer in Phoenix.
He spent most of the 1950s and 1960s practicing law in our State, and
raising a family there with his wife, Natalie, who passed away in 1991.
He made an annual return to Arizona from 1994 until last year, to teach
a course on Supreme Court history at the University of Arizona College
of Law, my alma mater.
Appointed to his seat by President Nixon in 1972, and elevated to
Chief Justice by President Reagan in 1986, he provided steady
leadership at the Court through turbulent decades. He showed that one
man of integrity really can make a difference.
He was a conservative whose philosophy did not always carry the day,
especially in his early years on the Court. More recently, there has
been greater acceptance of his notion of balance between the authority
of States and the Federal Government. His decisions helped prevent the
rights of criminal suspects from being overemphasized to the point that
law enforcement was hampered in doing its job. They curbed the
Government's use of racial quotas, deemed by most Americans to be a
squandering of the moral authority of the civil rights movement. They
reaffirmed the religious freedom clause of the first amendment. They
upheld restrictions on the practice of abortion, again in keeping with
the views of most Americans.
On a personal level, William Rehnquist had a quick, dry wit and a
manner that was warm and courteous. He was a straight shooter, devoid
of pretentiousness, yet deeply learned in the law and many other
things. The legacy he leaves includes the histories he wrote, namely
his four books on the Court and the American legal system: ``The
Supreme Court: How It Was, How It Is,'' 1987; ``Grand Inquests: The
Historic Impeachments of Justice Samuel Chase and President Andrew
Johnson,'' 1992; ``All the Laws But One: Civil Liberties in Wartime,''
1998; and ``Centennial Crisis: The Disputed Election of 1876,'' 2004.
Notice those titles. We had, during his tenure as Chief Justice, a
Presidential impeachment--over which he presided with a dignity and
good sense that were reassuring to all, in and out of the Senate
Chamber. We had a disputed election--in which he led the Court in
delivering the U.S. Government and the country from a nightmare of
litigation and partisan combat.
His death has left mourners even among those who disagreed with him.
The liberal law professor Laurence H. Tribe offered words of praise for
his brilliance, his honesty, and his calm leadership. He called Chief
Justice Rehnquist ``a master'' at enabling the Court to ``earn the
respect of all who take part in its proceedings or are affected by its
rulings.'' Justice Ruth Bader Ginsburg said he ``was the fairest, most
efficient boss I have ever had.''
The admiration he inspired in people all across the political
spectrum is due also to the superb job he did as the Federal
judiciary's top administrator, which is part of the role of Chief
Justice. He staunchly asserted the independence of the Federal court
system and fought to see that those who worked in it were adequately
compensated.
William Rehnquist loved his family; he loved the law; he loved
America and its history; and he loved the Supreme Court as an
institution. The courage and tenacity he showed, despite suffering from
thyroid cancer, were typical of him. He presided over oral arguments in
the spring and continued his work on that group of cases until just
last month.
It is the right of every citizen to be tried by judges as
free, impartial, and independent as the lot of humanity will
admit.
So said the Massachusetts Constitution of 1780, which influenced the
writing of the U.S. Constitution. William Rehnquist was a free, an
impartial, and an independent judge. His combination of strong-
mindedness and meticulous fairness made him perfect for the position he
held. He makes Americans, and especially Arizonans, very proud. We
mourn his loss.
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