Senator McConnell Pays Tribute To Chief Justice William H. Rehnquist

Date: Sept. 7, 2005
Location: Washington, DC
Issues: Judicial Branch


Senator McConnell Pays Tribute To Chief Justice William H. Rehnquist

U.S. Senator Mitch McConnell released the following statement today in honor of Chief Justice William H. Rehnquist:

"Today, I honor a man who reminded us that ours is a nation governed by laws and not men—Chief Justice of the United States William H. Rehnquist.

"Chief Justice Rehnquist was only the 16th Chief Justice in America's history, since John Jay was sworn in as the first in October 1789. He filled the role defined for him by our Founding Fathers with wisdom and dignity. Millions of Americans honor him for his legacy of achievement.

"I first met the Chief Justice in 1969, here in Washington. At the time, he was Assistant Attorney General for the Office of Legal Counsel in the Nixon Administration. I was a legislative aide for Senator Marlow Cook.

"Senator Cook served on the Judiciary Committee, and then-Assistant Attorney General Rehnquist was charged with shepherding judicial nominations through the Senate. It was in these capacities that our paths crossed.

"It was a pleasure to work with Justice Rehnquist. He was dedicated, hard working, and obviously keenly intelligent, with a sharp legal mind.

"He was also a kind, personable man, which he remained even while rising to the foremost position in American jurisprudence.

"After working for Senator Cook, I returned to Kentucky in January of 1971. Toward the end of the year, President Nixon nominated William Rehnquist to the Supreme Court.

"I remembered what an outstanding attorney, and an outstanding man, William Rehnquist was from our time in government together. So I came back to Washington, on my own dime, to work as a volunteer for over a month on his confirmation, which occurred in late 1971.

"In 1986, President Reagan elevated Justice Rehnquist to the Chief Justice position. By then, I was a member of this body, and in fact a member of the Judiciary Committee. So that was my second time working on a William Rehnquist nomination to the Supreme Court. I was of course proud to vote to confirm him.

"The Chief Justice served our country with his characteristic wisdom and grace. After leading the Court for 19 years, he was the longest-serving Chief Justice since 1910. He was only the fifth in our nation's history to have been elevated from an Associate Justice position.

"He exemplified the highest virtue for a Justice: He entered each case with an open mind, free of bias, never prejudging the case before his decision was made.

"In fact, some of his decisions over the years surprised observers, and proved that he was willing to rethink opinions he may have once held. That's a good thing. He reminded us that judges should be like umpires—never taking sides, just fairly applying the rules.

"He leaves behind him a legacy that will be studied for generations. I would submit that a chief component of that legacy will be his steering the Supreme Court back towards the principle of federalism, which, alongside separation of powers, stands as one of two structural principles undergirding our Constitution.

"Chief Justice Rehnquist expressed that view in dissent after dissent—until, with time, his dissenting views became majority ones. Because of his clear understanding of the underlying purpose of federalism, he worked to establish a jurisprudence that guards against untrammeled federal power, and helps ensure that decisions that are purely local in nature will remain in the hands of the citizens who must abide by them.

"The Chief Justice earned a reputation for being a fair and even-handed leader of the High Court. Former Justice William J. Brennan Jr., who frequently was on the opposite side in cases, said Chief Justice Rehnquist was "meticulously fair in assigning opinions." He went on to say that since Rehnquist's ascension to the Chief Justice position, "I can't begin to tell you how much better all of feel…and how fond all of us are of him personally."

"In this recent age of many five-to-four decisions, it is all the more extraordinary that the Chief Justice created such a harmonious court. The late Justice Thurgood Marshall, who served with the Chief Justice from 1972 to 1991, said simply that William Rehnquist is "a great chief justice."

"As Chief Justice, William Rehnquist was the same honest and upright man that he was when I first met him in 1969. In his final months as Chief, he reminded us all once again what it means to serve with dignity and honor, as he persevered through his fight with cancer.

"Who was not moved to see the concept of "duty" personified on January 20, 2005, when, under physical duress, he administered the oath of office to the President of the United States?

"This nation owes Chief Justice Rehnquist a debt that can never be fully repaid. He served his country in combat with the Army Air Corps during World War II, as a law clerk to Associate Justice Robert Jackson, as an assistant attorney general, as Associate Justice and finally as Chief Justice of the United States. Throughout it all he stood for the rule of law and the upholding of the principles that this republic holds dear.

"In my opinion, he was the most consequential chief justice since John Marshall. Elaine and I extend our sympathies to his family: his daughters Janet and Nancy, his son James, his sister Jean, and his nine grandchildren.

"As miraculous a document as it is, the Constitution is only words on paper. It requires men of principle to see its meaning and spirit made real. William Rehnquist was one of those men. Our grateful nation will always remember his heroic service, and his devotion to duty until the very end."

http://mcconnell.senate.gov/record.cfm?id=245317&start=1

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