[Congressional Record (Bound Edition), Volume 151 (2005), Part 15]
[Senate]
[Pages 20303-20304]
[From the U.S. Government Publishing Office, www.gpo.gov]




              HONORING CHIEF JUSTICE WILLIAM H. REHNQUIST

  Mr. BAUCUS. Mr. President, I join in acknowledging the life and 
service of Chief Justice William Rehnquist.
  His was a life of public service. During the Supreme Court's 1951 and 
1952 terms, he served as a law clerk for Justice Robert Jackson. From 
1969 to 1971, he served as Assistant Attorney General in the Justice 
Department's Office of Legal Counsel. And from January 7, 1972, to his 
passing Saturday, he served on the Supreme Court. Through his life of 
service, Justice Rehnquist has left an indelible mark on this Nation.
  In 1969, on appointing Judge Burger as Chief Justice of the Supreme 
Court, President Nixon had said: Our Chief Justices have probably had 
more profound and lasting influence on their times and on the direction 
of the nation than most Presidents.
  President Nixon was right. And the service of Chief Justice Rehnquist 
was proof.

[[Page 20304]]

  In 1971, President Nixon nominated Justice Rehnquist to the Supreme 
Court as an Associate Justice. And in 1986, President Reagan elevated 
him to the position of Chief Justice. In the history of this Nation, 
only 16 men have held this high office. Justice Rehnquist presided over 
the court as Chief Justice for 19 years. Only three men served longer 
as Chief Justice: Melville Weston Fuller, Roger Taney, and John 
Marshall.
  I felt a tie with Justice Rehnquist, as he had attended Stanford 
University and Stanford Law School, a few years ahead of me at both 
schools. In another one of those quirks of history, he attended the 
same Stanford Law School class with Sandra Day O'Connor, who would 
later join him on the Supreme Court.
  I was also able to observe Chief Justice Rehnquist at close range, in 
1999, when he presided over the Senate sitting in the Presidential 
impeachment trial of President Clinton. Chief Justice Rehnquist had 
written a book on impeachments. But more importantly, his presence 
brought dignity and a much-needed sense of humor to those difficult 
proceedings.
  At one point, he noted that a Senate rule forbids both sides in the 
impeachment trial from objecting to a question.
  From the Presiding Officer's chair, the Chief Justice wryly observed: 
The Parliamentarian says they can only object to an answer and not to a 
question, which is kind of an unusual thing.
  The Chief Justice chuckled, and Senators laughed with him.
  At another point, Majority Leader Lott asked how much time each side 
had used. The Chief Justice checked with the Parliamentarian and first 
announced that the House Managers had taken 54 minutes and the White 
House had taken 57 minutes. But then the Chief Justice said that he 
needed to correct himself, saying that the House managers had actually 
used up 64 minutes, not just 54 minutes.
  House Manager Rogan, who was scheduled to speak next, inquired: I 
trust that doesn't mean I have to sit down, Mr. Chief Justice.
  The Chief Justice quipped in response: It's not retroactive.
  Mr. President, Chief Justice Rehnquist wrote many opinions with which 
I do not agree. He was a very conservative Justice.
  But I will miss Chief Justice Rehnquist. He was a great figure of our 
times. We will not forget him.

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