[Congressional Record (Bound Edition), Volume 151 (2005), Part 14]
[Senate]
[Pages 19605-19609]
[From the U.S. Government Publishing Office, www.gpo.gov]




              HONORING CHIEF JUSTICE WILLIAM H. REHNQUIST

  Mr. HATCH. Madam 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

[[Page 19606]]

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 Rehn-
quist 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 Rehn-
quist, 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 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. Madam 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. Madam 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.

[[Page 19607]]

  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. Rehn-
quist 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. Madam President, I was sad to hear of Chief Justice Rehn-
quist'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. Madam 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 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 Shore-
wood 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.

[[Page 19608]]


  Mr. HAGEL. Madam 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. Madam 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 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.

[[Page 19609]]

  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. Madam 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.

                          ____________________