The gang that couldn't question straight Nov 8, 2009
As Ryan Lizza recently pointed out in the New Republic, Justice Louis Brandeis declared in 1935 that precedent (OK, he used that pesky two-word Latin phrase) "is not a universal, inexorable command." Getting back to abortion, Chief Justice William Rehnquist quoted Brandeis in his 1992 dissent in the Casey case, the decision that affirmed Roe v. Wade. So when Alito said "inexorable," he was seemingly signaling that he agreed with Rehnquist that Roe should be overturned. (Salon)
Alito picks up another Democrat Nov 7, 2009
The case follows in the wake of the court's landmark 2008 decision in For the first time, the justices found that the Second Amendment protects an individual right to bear arms, rather than "a right to participate in the common defense, as D.C.'s lawyer argued, and it struck down the city's handgun ban. But Heller only affected the federal goverment -- and, by extension, places like the nation's capital. Though the courts have ruled over the years that various parts of the Bill of Rights bind... (Salon)
Jim McMeans: Jesus wanted church-state wall Nov 6, 2009
Another point in the Wednesday letter, a quote from former U.S. Supreme Court Chief Justice William Rehnquist, is the justice's personal, not-very-well-informed, opinion. For Christians, the opinion of the Founding Fathers of this country should be a moot point, since Jefferson and Madison did not invent the principle of separation of church and state - Jesus did. (Athens Banner-Herald)
James A. Robertson: Church-state issue is 'bad history' Nov 4, 2009
Former U.S. Supreme Court Chief Justice William Rehnquist was once quoted, "The 'wall of separation between church and state' is a metaphor based on bad history, a metaphor which has proved useless as a guide to judging. It should be frankly and explicitly abandoned.". James A. Robertson. (Athens Banner-Herald)
Time Gets Away From the Supreme Court Nov 3, 2009
Roberts' predecessor and mentor William Rehnquist notoriously got upset when advocates, obviously trying to pace themselves, would glance up at the clock above the justices as they responded to questions. Rehnquist once scolded a lawyer, "You are here to answer our questions, not to look at the clock!". (Law.com)
getNumberAll('1202435099939') Nov 2, 2009
And, after Scalia's decision not to recuse in the Cheney case, then-Chief Justice William Rehnquist rejected a request from Conyers and Rep. Henry Waxman, D-Calif. (Law.com)
9th Circuit's Kozinski Escapes Discipline Over Online Smut Oct 29, 2009
The staffer, Ralph Mecham, alleged that former Chief Justice William Rehnquist took a dim view of Kozinski's actions and said that Kozinski should watch his porn at home. But the conference found that Mecham's allegations had been previously examined, and found not worthy of a judicial misconduct finding. (Law.com)
The Supreme Court, as Seen on Television Oct 13, 2009
His predecessor, William Rehnquist, was a "let's keep the trains running" leader, while Roberts allows more "back and forth, more discussion.". In one revealing segment, Justice Anthony Kennedy, in extolling the Court building, may also have inadvertently cast a vote in an ongoing discussion within the Court about whether the front steps should be closed permanently as an entrance. (Law.com)
In God I trust Oct 7, 2009
Russian Fox wrote on Oct 6, 2009 7:23 AM:" I get so tired of these same ole arguments, that America is not a Christian nation. You do realize, don't you, that your argument is a RECENT challenge to centuries of presidents, congresses, and courts. Those closest in time to the founding of our country, and most of those who debated and formed the basis on which our country was founded, agreed America was founded on Christian principles. Recently, due to the revisionist history of America's founding... (Cameron Observer, MO)
Court begins new term with a new justice Oct 6, 2009
Roberts' predecessor, William Rehnquist, died as the court's fall 2005 term began and Justice Sandra Day O'Connor had announced her retirement. The strain of those departures and a contentious docket contributed to a level of frustration that lingered for months among both conservative and liberal members. (CNN -- Law)
High court could transform Oct 5, 2009
Focus is on Bush's appointments as term starts. by Robert Barnes - Oct. 5, 2009 12:00 AM Washington Post. (AZCentral -- News)
Lobbying or prayer service? Oct 2, 2009
Among those in attendance that year were then-Chief Justice William Rehnquist and Justices Antonin Scalia and William Brennan, both Catholics. One member of the court who no longer attends is Ruth Bader Ginsburg who, like Breyer, is Jewish. (CNN -- International)
Justice will speak at law school Sep 30, 2009
The symposium also hosted a Supreme Court justice in 2005, when Ruth Bader Ginsburg delivered remarks about the late Chief Justice William Rehnquist. Page 1 of 1. (GW Hatchet, Washington DC)
Supreme Court's Ginsburg Hospitalized Sep 25, 2009
Most recently, the former Chief Justice William Rehnquist was able to perform his duties despite the fact that he was very sick, in many ways more ill than Ginsburg. "She survived pancreatic cancer," Cohen said. (CBS News)
Business.view: The voice of business Sep 9, 2009
This ruling was later clarified by the Supreme Court under Chief Justice William Rehnquist, who had dissented from the Bellotti ruling, noting that a state grants to a business corporation the blessings of potentially perpetual life and limited liability to enhance its efficiency as an economic entity. It might reasonably be concluded that those properties, so beneficial in the economic sphere, pose special dangers in the political sphere. (The Economist)
Brief look at the major players in 'Hillary' case Sep 7, 2009
Chief Justice William Rehnquist. Solicitor General. (Yahoo News -- Politics)
Not Innocent Enough Sep 6, 2009
When the court flirted with the question in 1993, a majority ruled against the accused, but Chief Justice William Rehnquist left open the possibility that it may be unconstitutional to execute someone with a "truly persuasive demonstration" of innocence. Oddly enough, for at least some members of the current court that question is now seemingly irrelevant: In Scalia's America, the Cameron Todd Willingham whose very existence was once in doubt is today constitutionally immaterial. (Slate)
In Revealing New Memoir, a Friend Remembers Rehnquist Sep 5, 2009
A soon-to-be-published memoir by a friend of the late Chief Justice William Rehnquist offers a revealing personal glimpse of the justice's later years, including his handling of the impeachment trial of President Bill Clinton in 1999, the case of 2000 and Rehnquist's own unsuccessful battle with cancer in 2004 and 2005. The author is former newspaper publisher Herman Obermayer, who lived with his wife near Rehnquist in Arlington, Va. (Law.com)
Begala: Kennedy was a principled pragmatist Aug 27, 2009
While the rest of us were nursing grudges against William Rehnquist, who we were calling "Thief Justice Rehnquist" for the Supreme Court's Bush v. Gore decision, or cursing the 22nd Amendment, Sen. Kennedy was looking for an angle, seeking an opening through which he could drive a progressive agenda in a Republican presidency. (CNN -- US)
ON THE WEB: Wall Street Journal's Law Blog Aug 25, 2009
We haven t done much on this so far, but Tony Mauro over at the National Law Journal has been doing a nice job digging into the papers of former Supreme Court Justice William Rehnquist, for some interesting little nuggets. The papers were released earlier this month at Stanford s Hoover Institution Archives. (USA Today -- Money)
A Peek Into the Second Batch of Rehnquist Papers Aug 21, 2009
Last November, the first segment of the extensive collection of the late Chief Justice William Rehnquist's papers at the ... In the summer of 1999, then-Chief Justice William Rehnquist was under fire for leading fellow attendees at a judicial conference in a sing-along that included the song "Dixie." African-American leaders said the song is offensive, with words that seem nostalgic for the era of slavery. (Law.com)
Why No Evangelical Justice? Jul 24, 2009
All were white, all were male, all were Protestant: Warren Burger, Clement Haynsworth, Harrold Carswell, Harry Blackmun, Lewis Powell, William Rehnquist and John Paul Stevens. No diversity there. (Human Events Online)
Why Sen. Graham Got It Wrong Jul 16, 2009
When William Rehnquist faced the Senate Judiciary Committee in 1971, at his confirmation hearings to serve on the Supreme Court, he faced aggressive questioning by Sen. Edward Kennedy and other Democrats about Rehnquists public and forceful opposition to an ordinance desegregating public accommodations in Phoenix, Ariz. (Slate)
Judge confirms Alzheimer's diagnosis Jul 10, 2009
Williams was listed among leading candidates for the U.S. Supreme Court in 2005 after Justices Sandra Day O Connor and William Rehnquist retired. Following the recommendation of the late Sen. (Orangeburg Times and Democrat, SC)
Justices Move Political Censorship Case Jul 3, 2009
Then-Chief Justice William Rehnquist sided with the liberal majority in the Austin case. The late chief justice worked during a time when corporations were mostly massive for-profit businesses. (Human Events Online)
Inside the Supreme Court Confirmation Process Jun 27, 2009
Top Stories From Law. worked behind the scenes on Supreme Court nominations for much of the last three decades, as an adviser and chief of staff to then-Sen. (Law.com)
Senators: Sotomayor strong in interviews Jun 16, 2009
"You've got to study each senator, and each one's different some you've got to schmooze, some you've got to be analytical," said Tom Korologos, a veteran chaperone of Republican nominees to the high court, including William Rehnquist, who became chief justice, and Bork. But the one rule that applies to everyone is, Korologos added, "You've got to be very careful with your answers. You can't get pinned down.". (MSNBC -- Politics)
The Supreme Court's Balance of Power Jun 16, 2009
Souter and Ruth Bader Ginsburg proved reliable buttresses against arbitrary executive power, while Sandra Day OConnor, William Rehnquist, Anthony Kennedy, and Stephen Breyer only narrowly upheld a citizens right to challenge his status as an enemy combatant. John Paul Stevens, considered the most liberal justice, joined conservatives Antonin Scalia and Clarence Thomas in rejecting all of Hamdis claims. (The American Conservative)
In a "Different" Voice Jun 16, 2009
The research on how gender influences judging. - By Deborah Rhode - Slate Magazine. (Slate)
High court justices rarely stray from course May 31, 2009
That was the case, she said, when President Ronald Reagan appointed a pair of conservatives, Justice Antonin Scalia and Chief Justice William Rehnquist, and it appears to be in the cards for Obama with the moderately liberal Sotomayor. Souter, who is retiring at the end of the court's term in June, has become a byword for the unpredictable justice - or the turncoat justice in the view of the Republican right, whose mantra for judicial appointments in the last administration was, "No more... (San Francisco Chronicle -- Politics)
Editorial: Senators should grill court pick May 28, 2009
And the high court, in a series of 5-4 decisions since 1995 (beginning during the tenure of Chief Justice William Rehnquist), has struck down major laws passed by Congress, restricting the subjects on which Congress can legislate. Chief Justice Roberts not only has continued that trend but also has shown excessive deference to presidential power. (Sacramento Bee -- Opinion)
Apply a Litmus Test to Sotomayor May 28, 2009
The correct answer to the question of whether the Constitution guarantees a "right" to kill an unborn child was delivered by then-Associate Justice William Rehnquist in his dissenting opinion to Roe v. Wade itself. It was a resounding no.. (Human Events Online)
Grassley: Democrats Started 'Borking,' GOP Won't 'Rubber Stamp' Sotomayor May 27, 2009
He also warned that ugly "precedents" had been set by Democrats when Justice William Rehnquist faced hearings for the chief justice position. Grassley also raised the treatment of Judge Robert Bork, who had been rejected by the Senate after he was "borked by liberals in Congress.". (Newsmax)
Court: Suspects Don't Need Lawyer Present May 27, 2009
"mrcrosbyll" writes "None of the current justices were placed by a republican." The statement is ridiculously FALSE. Antonin Scalia - Reagan nominated him to replace William Rehnquist - on bench since September 26, 1986; Clarence Thomas - Nominated by President George H. W. Bush - on bench since October 19, 1991; Samuel Anthony Alito, Jr. - Nominated by President George W. Bush - on bench since January 31, 2006; John Glover Roberts, Jr. Nominated by President George W. Bush - on bench since... (CBS News)
Selecting the next justice: Precedents on choices for Supreme Court May 21, 2009
Nixon became frustrated and turned to William Rehnquist, an assistant attorney general and part of the judicial screening team ... After Chief Justice Warren Burger secretly told President Reagan he planned to retire, White House aides focused on then-associate justice William Rehnquist to replace him. (USA Today)
Questions, answers on picking high court nominee May 15, 2009
(William Rehnquist was 61 when he became chief justice in 1986, but he had been on the court for 14 years at that point. Bush's two choices were 55 or younger and his father tapped the 51-year-old Souter and the 43-year-old Thomas. (Yahoo News -- Politics)
Will Supreme Court Keep Its Front Doors Open? May 13, 2009
The late Chief Justice William Rehnquist in his book about the Court also recalled standing before the Court "for a moment to admire" the main entrance, then climbing the "seemingly endless steps" when he arrived in 1952 to clerk for Justice Robert Jackson. Members of the public wait in line -- sometimes for hours or days for a major oral argument -- to enter the front of the building. (Law.com)
Souter's Tribe: Justice's Legacy Tied to His Clerks May 12, 2009
The clerks' deep bond with Souter, and their sense that they are carrying on his work and values in their careers, will lengthen Souter's shadow of influence and deepen his legacy, said Harvey Rishikof, law professor at the National War College and former administrative assistant to Chief Justice William Rehnquist. "The way a justice lives on is in his clerk family," said Rishikof, co-author of a forthcoming article that explores the "enormous influence" a justice's clerks exert on the legal... (Law.com)
Souter's Retirement Timing: Was It Age or Politics? May 6, 2009
The late Chief Justice William Rehnquist, once asked whether justices time their retirements based on who is in the White House, said "it certainly is true in more cases than not.". a Northern Illinois University political scientist who wrote a 2003 book on why justices retire, thinks Souter's implicit denial of political motives is unsurprising, but needs to be taken with a grain of salt. (Law.com)
REHNQUIST'S POLITICS IN A BOOK May 5, 2009
Until his 2005 death, after 33 years on the court, William Rehnquist waged a quiet, constant, successful battle for conservatism. Only once, to the Times' John Jenkins, did he speak explicitly about his efforts. (New York Post -- Gossip)
Diversity, Not Politics, Key to Court Pick May 4, 2009
Roberts replaced the conservative Chief Justice William Rehnquist, but Alito took the place of the more moderate Sandra Day O'Connor, who was known for casting critical swing votes. With the new lineup, the court. (ABC News)
Replacing Souter: Political Calculations May 2, 2009
The Justices they replaced, William Rehnquist and Sandra Day O'Connor, were 62 and 51, respectively, when they were each named to the High Court. Once Souter makes an official announcement of retirement, President Obama will name a successor (most not likely not before the Court's current term ends in June), with the aim that a successor can be vetted and will pass a confirmation vote in the Senate before the Court's next term begins in October. (CBS News -- Early Show)
Evaluating Souter: A Strange Judicial Trip, Leaning Left May 2, 2009
But once Souter was on the court, it wasn't long before it became obvious that he couldn't be counted on to solidify an ever emerging but never quite stable conservative majority anchored at the time by Chief Justice William Rehnquist and Antonin Scalia, and often supported by the more moderate William Kennedy and Sandra Day O'Connor. In his first year Souter sided with those four on some important criminal justice cases, including one in which he ruled that the introduction at trial of a... (Time.com)
Souter surprised conservatives May 2, 2009
Legal scholars said that although often low-key and scholarly in tone, Souter's opinions - more than 100 of them written in dissent - carved out a distinct outlook on original intent that offered an alternative to the conservative originalism championed by justices like Antonin Scalia and former chief justice William Rehnquist, with whom Souter often sparred. "Souter wrote brilliant dissenting opinions that showed Rehnquist federalism was contrary to the Constitution, and ultimately in the first... (Boston Globe)
NPR: JUSTICE SOUTER RETIRING... DEVELOPING... May 1, 2009
Once appointed and confirmed, he soon became a "surprise justice." He bucked the expectation that he would join the court's conservative wing then led by Chief Justice William Rehnquist, who was appointed to the court by President Nixon and elevated to chief by President Reagan, and featuring Reagan appointees Antonin Scalia and Anthony Kennedy. The appointing president had been assured of Souter's credentials by the White House chief of staff, John Sununu, who had known Souter as a conservative... (The Drudge Report)
Supreme Court needs term limits, minimum caseloads Apr 7, 2009
Chief Justice William Rehnquist, for example, should have been given that choice when he retained power despite disabling illness. Second, Congress should encourage or require justices to accept senior status and reduced power after a prolonged period of service, regardless of their physical and mental health. (Atlanta Journal-Constitution -- Opinion)
Obama Nominee Tainted by Partisanship Apr 7, 2009
In the past, the office Obama has nominated her for was held by future Supreme Court justices William Rehnquist and Antonin Scalia. Yet Johnsen cited as evidence for her claims two books and unspecified other reports. (Newsmax)
Sen. Reid: Chief Justice Roberts Lied To Congress Mar 28, 2009
During Roberts confirmation, Chief Justice William Rehnquist passed away. President Bush then switched gears, nominating Roberts to replace Rehnquist as Chief Justice. (Newsmax)
Senate Fight Likely as Nominee for Office of Legal Counsel Moves Forward Mar 20, 2009
"This is a very important position, and I'm reserving judgment until I talk to her," Specter said Thursday, noting that the late Chief Justice William Rehnquist was among those who once led the Office of Legal Counsel. This article first appeared on. (Law.com)
How the Supreme Court Was Won Mar 6, 2009
Later in the book, we also explain that no less than former Chief Justice William Rehnquist, Justice Sandra Day O'Connor, and Justice John Paul Stevens are among those who also have hailed the greatness of Marbury. For some of you, that perspective may not be as notable as the academic criticisms of Marbury. (Slate)
Justice Stevens on Oath-Taking and Dolley Madison Feb 28, 2009
After the death of Chief Justice William Rehnquist, the oath-giving duty fell to Stevens as the senior associate justice. . (Law.com)
Editorial: The goal must be confidence Feb 20, 2009
In 2006, the senator teamed up with fellow Arizona senator Jon Kyl (R) to funnel $10 million toward the University of Arizona for an academic center named after the late Supreme Court Justice William Rehnquist. Even Arizona lawmaker, Rep. (Albany Democrat-Herald, OR)
Berobed magistrates beget respect Feb 19, 2009
Judicial robes rarely draw attention, but in 1994, former Supreme Court Chief Justice William Rehnquist caused a mild stir when he placed four gold bars on each of his sleeves. He got the idea after watching the Gilbert and Sullivan operetta "lolanthe," in which a lord chancellor in similar garb must settle a dispute involving a colony of fairies. (News & Observer)
Justice Ginsburg To Return To Work Soon Feb 8, 2009
Ginsburg credited the late Chief Justice William Rehnquist, who died of thyroid cancer in 2005, with helping her through a difficult period. "He kept my assignments light during the most trying weeks and he let me decide what I could tackle," Ginsburg said in 2005 at a conference on Rehnquist's legacy. (CBS News -- US)
Justice Ginsburg plans quick return to court Feb 7, 2009
Ginsburg credited the late Chief Justice William Rehnquist, who died of thyroid cancer in 2005, with helping her through a difficult period. Ginsburg's plan for a quick return to work hinges on avoiding complications following surgery. (Boston Globe)
Uncertainty for High Court in Wake of Ginsburg Health News Feb 7, 2009
Justices resented the spotlight that shone on the late Chief Justice William Rehnquist in 2005 during his difficult battle with thyroid cancer. "God willing, I think she will continue to stay on the Court as long as she can," says Latham & Watkins associate Lori Alvino McGill, who clerked for Ginsburg in 2006. (Law.com)
