[Congressional Record (Bound Edition), Volume 151 (2005), Part 14]
[Senate]
[Pages 19596-19598]
[From the U.S. Government Publishing Office, www.gpo.gov]




              HONORING CHIEF JUSTICE WILLIAM H. REHNQUIST

  Mr. FRIST. Mr. President, last Saturday, in the wake of one terrible 
loss, our Nation suffered another loss, a quiet loss but one that was 
also deeply felt across the land. We learned that William H. Rehnquist, 
the 16th Chief Justice of the United States, had passed away. Karen and 
I and the entire Senate family extend our deepest sympathies to his 
family and to his friends. Our Nation mourns the loss of a great 
leader.
  William Rehnquist was an American hero--a World War II veteran, a 
lifelong public servant, a brilliant legal mind, and a jurist of 
historic consequence. He was an inspiration to all who knew him. This 
was especially true in his final months as he stoically fought the 
cancer that would eventually claim his life.
  Since October 2004, when the Chief Justice announced he had thyroid 
cancer, his chin remained up and his mind focused and devoted. Today, 
that optimism, that determination, that strength of spirit in purpose 
remain an encouragement to us all.
  I feel privileged to have had the opportunity to get to know William 
Rehnquist during my tenure in the Senate. I am honored to call him a 
friend. But even more, perhaps the most one can say of any leader, I 
simply feel blessed to have lived in his time and in the country that 
so benefited from his wisdom.
  William Rehnquist was born on October 1, 1924, in Milwaukee, WI. The 
son of William Benjamin Rehnquist, a paper salesman, and Margery Peck 
Rehnquist, a multilingual translator, he spent his childhood in the 
Milwaukee suburb of Shorewood, WI, where he attended public schools. 
Even as a young student, William Rehnquist expressed interest in public 
service, telling others he wanted to ``change the government.'' Well, 
he did exactly that.
  William Rehnquist grew up in an era marked by grave challenges and 
extraordinary triumphs. He saw our Nation rise from the depths of the 
Great Depression to defeat the threat of Nazi Germany and Imperial 
Japan.
  On December 7, 1941, when Pearl Harbor was bombed, William Rehnquist 
was 17 years old. Shortly thereafter, he signed up to fight, joining 
the Army Air Corps, serving at home and abroad from 1943 to 1946.
  After the Armed Forces, with the help of the GI bill, William 
Rehnquist went on to college. At Stanford, he earned a bachelor's and 
master's degree in political science and graduated Phi Beta Kappa. But 
his academic journey was far from over.
  He took a brief hiatus from Stanford, heading east to Harvard for a 
second master's degree, this time in government. In 1950, he returned 
to Stanford ready for law school and the defining point in his life. 
From Stanford, William Rehnquist would graduate first in his class that 
included none other than his future colleague on the high Court, Sandra 
Day O'Connor.
  As a law student, he was known for his astute ability to defend 
conservatism and for his bright legal mind. One of his professors 
described William Rehnquist as ``the outstanding student of his law 
school generation.'' This same professor would later introduce him to 
Supreme Court Justice Robert Jackson. In a private interview, William 
Rehnquist convinced Justice

[[Page 19597]]

Jackson to award him with a coveted clerkship with the Supreme Court, 
despite Rehnquist's initial thoughts that he had been ``written [off] 
as a total loss'' by Justice Jackson.
  After completing his clerkship, he married Natalie Cornell. The 
coupled settled in Phoenix, where they raised three children--James, 
Janet, and Nancy--and where Justice Rehnquist would practice law for 16 
years.
  As a young lawyer, William Rehnquist was known to wear loud shirts 
and ties, prompting even President Nixon to refer to him as ``the guy 
dressed like a clown.'' But clearly, Nixon was impressed by what he saw 
on the inside of the young lawyer from Phoenix. President Nixon 
selected Rehnquist to serve as the Assistant Attorney General for the 
Department of Justice's Office of Legal Counsel.
  In 1971, President Nixon nominated William Rehnquist again, this time 
to replace Justice John Marshall Harlan as an Associate Justice on the 
Supreme Court. William Rehnquist was overwhelmingly confirmed by a 
Democratic Senate by a vote of 68 yeas and 26 nays.
  In 1986, President Regan nominated Justice Rehnquist as Chief 
Justice, and the Senate, by a wide margin once again, confirmed him to 
serve as the 16th Chief Justice of the highest Court in the land. 
Today, I echo what my good friend and former colleague Senator Bob Dole 
said of the Chief Justice during that confirmation debate now two 
decades ago. He was a man of ``unquestioned integrity, 
incorruptibility, fairness, and courage.''
  During my tenure in the Senate, I had the privilege of getting to 
know the Chief Justice, or ``the Chief'' as the law clerks called him. 
And since our first introduction, I found William Rehnquist to be 
thoughtful, intelligent, and, I must say, quite humorous.
  A skilled writer and avid historian, Chief Justice Rehnquist is the 
author of a number of books on Supreme Court history and the American 
legal system. Many articles have been written about William Rehnquist 
and his successes as Chief Justice of the United States, and in almost 
every one of these articles, he is praised for his superb ability to 
efficiently manage the Court.
  Speaking to this point, Supreme Court Justice Byron R. White once 
said:

       I have never ceased to marvel how one person could possibly 
     carry out all of the tasks given the Chief Justice and yet 
     also decide cases and write opinions as the rest of us do. 
     Yet Chief Justices do them with regularity and, of the three 
     Chief Justices with whom I have served, the man who now sits 
     in the center chair in the courtroom . . . seems to me to be 
     the least stressed by his responsibilities and to be the most 
     efficient manager of his complicated schedule.

  A former adviser to the Chief Justice said that Justice White's 
comments mirrored his own observations. He said that William 
Rehnquist's rigorous work ethic and dedication to efficiency is 
reflected on his staff, which he, in fact, reduced when he became Chief 
Justice, relying on only three clerks, although he was authorized to 
have four.
  The former adviser described William Rehnquist as a man who could do 
twice the work of the average judge in half the time. Having worked 
alongside William Rehnquist on the Smithsonian's Board of Regents, I 
couldn't agree more. I treasure the days we spent together on this 
Board of Regents. In his capacity as the chancellor of the Smithsonian, 
he served as chairman of the Smithsonian's Board of Regents. I, in that 
capacity, saw firsthand the Chief Justice's commitment to that 
institution, the Smithsonian, attending every meeting despite his very 
busy day job at the Court. He even hosted planning meetings for board 
staff and liaisons of the Supreme Court in the Natalie Cornell 
Rehnquist Dining Room, named after his late wife of 38 years. Recently, 
he brought the entire Court to the Smithsonian's American History 
Museum to see the Brown v. Board of Education exhibit.
  As he did on the Court, since the Chief Justice became chancellor, he 
emphasized the importance of efficient management in the Smithsonian's 
affairs, and he brought a certain sense of distinction to our work for 
the Smithsonian. Moreover, he inspired me to always be mindful of our 
duty to history, our place in preserving the strength of this Nation we 
serve.
  In recent months, while the ongoing debate in the Senate regarding 
judicial nominations was occurring, I thought a lot about our Federal 
courts and our judges. I have often wondered what are the most 
important qualities to look for in an individual who is being 
considered for a lifetime appointment on the courts. I have looked to 
the Chief, and I have seen those qualities embodied in his approach to 
the law--commitment to judicial restraint, fairness, integrity, 
impartiality, even temperament, openmindedness, and respect for the 
Constitution and the rule of law.
  What is more, William Rehnquist was a man not only of high intellect 
but common sense--a unique combination reflected in the clarity of his 
opinions.
  I witnessed firsthand William Rehnquist's intelligence, his 
temperament, and his commitment to equal justice under the law when he 
became only the second Chief Justice to preside over Presidential 
impeachment in the trial of President Bill Clinton.
  A friend of mine and a former administrative assistant to the Chief 
Justice said:

       What impressed me most about the manner in which he 
     presided over the impeachment trial was his astute and facile 
     recognition of and respect for the traditions and rules of 
     the Senate. I knew he would provide impartial leadership but 
     he also adjusted his superb management skills appropriately 
     to the Senate's traditions. At the conclusion of the trial he 
     was praised by the Leaders of both parties. It was another 
     demonstration of the rare combination of high intellect and 
     common sense that he possesses.

  To this day, my colleagues on both sides of the aisle continue to 
remember the Chief Justice for his efficient managerial skills and his 
steadfast respect for the Senate during the impeachment trial. In an 
atmosphere of partisanship, the Chief Justice was a constant reminder 
of the solemn legal duties our Constitution requires of the Senate.
  The Chief loved the Court. He held a deep respect for the law and its 
traditions, and in turn his colleagues, even those with different 
judicial philosophies, held a deep respect for him.
  A former colleague who often decided cases differently than the Chief 
Justice, Justice Harry Blackmun, praised William Rehnquist as a 
``splendid administrator'' and often testified to his fairness and 
commitment to the coherence and cohesion of the Court.
  Once the Court's leading liberal, Justice William Brennan called 
Chief Justice Rehnquist ``the most all-around successful'' Chief that 
he had known and described him as ``meticulously fair.''
  Another liberal on the Court, Justice Thurgood Marshall, described 
him as ``a great Chief Justice.''
  In his 19 years as Chief Justice of the highest Court in the land, 
Chief Justice Rehnquist never placed himself on a higher plane than his 
colleagues. To fellow Justices, his law clerks and secretaries, he was 
sensitive, humble, and ever respectful.
  I am confident that the President's nominee to the Chief Justice's 
seat, Judge John Roberts, will bring the same dignity to the job and 
earn the same level of respect from his colleagues. Judge Roberts, 
after all, learned from the best. From 1980 to 1981, he was clerk to 
then Associate Justice Rehnquist.
  Having come to know John Roberts these last few weeks, there is no 
doubt in my mind that he has the skill, the mind, the philosophy, and 
the temperament to lead the Supreme Court.
  With his passing over the weekend, the Supreme Court loses one of the 
most prolific scholars and brilliant legal minds ever to sit on the 
Federal bench. His passing marks a sad day for America, but it is also 
a day to reflect on our great fortune to have had William Rehnquist in 
the service of our Nation.
  For over 33 years, Chief Justice Rehnquist generously offered America 
his brilliant mind, his unwavering leadership, and his fair and 
impartial judgment. He was the embodiment of all of the ideal qualities 
of a judge, and his humility, wisdom, and superb managerial skills 
allowed him to become one

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of the most memorable, influential, and well-respected Supreme Court 
Justices in our history.
  Many feel that history will remember the Chief for presiding over the 
Senate during impeachment trials, for his participation in landmark 
decisions, for his perseverance in fulfilling his duties through ailing 
health. I believe William Rehnquist will be most remembered for his 
magnificent leadership and management, his ability to build consensus, 
his compassion and respect for others, and his fair and impartial 
review of each and every case that came before the Court. The imprint 
of William Rehnquist's gavel will not fade fast. No, it is indelibly 
stamped upon the face of American history and the legacy of the law we 
uphold. America was blessed to have William Rehnquist as Chief Justice 
and today he enters the history books as one of the greatest Chief 
Justices ever to serve on the Supreme Court of the United States.
  May God bless William Rehnquist and may God bless the United States 
of America.

                          ____________________