Skip to comments.Alan Dershowitz: Telling the Truth About Chief Justice Rehnquist (BARF ALERT!)
Posted on 09/06/2005 5:24:35 AM PDT by Undertow
My mother always told me that when a person dies, one should not say anything bad about him. My mother was wrong. History requires truth, not puffery or silence, especially about powerful governmental figures. And obituaries are a first draft of history. So heres the truth about Chief Justice Rehnquist you wont hear on Fox News or from politicians. Chief Justice William Rehnquist set back liberty, equality, and human rights perhaps more than any American judge of this generation. His rise to power speaks volumes about the current state of American values.
Lets begin at the beginning. Rehnquist bragged about being first in his class at Stanford Law School. Today Stanford is a great law school with a diverse student body, but in the late 1940s and early 1950s, it discriminated against Jews and other minorities, both in the admission of students and in the selection of faculty. Justice Stephen Breyer recalled an earlier period of Stanfords history: When my father was at Stanford, he could not join any of the social organizations because he was Jewish, and those organizations, at that time, did not accept Jews. Rehnquist not only benefited in his class ranking from this discrimination; he was also part of that bigotry. When he was nominated to be an associate justice in 1971, I learned from several sources who had known him as a student that he had outraged Jewish classmates by goose-stepping and heil-Hitlering with brown-shirted friends in front of a dormitory that housed the schools few Jewish students. He also was infamous for telling racist and anti-Semitic jokes.
As a law clerk, Rehnquist wrote a memorandum for Justice Jackson while the court was considering several school desegregation cases, including Brown v. Board of Education. Rehnquists memo, entitled A Random Thought on the Segregation Cases, defended the separate-but-equal doctrine embodied in the 1896 Supreme Court case of Plessy v. Ferguson. Rehnquist concluded the Plessy was right and should be reaffirmed. When questioned about the memos by the Senate Judiciary Committee in both 1971 and 1986, Rehnquist blamed his defense of segregation on the dead Justice, stating under oath that his memo was meant to reflect the views of Justice Jackson. But Justice Jackson voted in Brown, along with a unanimous Court, to strike down school segregation. According to historian Mark Tushnet, Justice Jacksons longtime legal secretary called Rehnquists Senate testimony an attempt to smear the reputation of a great justice. Rehnquist later admitted to defending Plessy in arguments with fellow law clerks. He did not acknowledge that he committed perjury in front of the Judiciary Committee to get his job.
The young Rehnquist began his legal career as a Republican functionary by obstructing African-American and Hispanic voting at Phoenix polling locations (Operation Eagle Eye). As Richard Cohen of The Washington Post wrote, [H]e helped challenge the voting qualifications of Arizona blacks and Hispanics. He was entitled to do so. But even if he did not personally harass potential voters, as witnesses allege, he clearly was a brass-knuckle partisan, someone who would deny the ballot to fellow citizens for trivial political reasons -- and who made his selection on the basis of race or ethnicity. In a word, he started out his political career as a Republican thug.
Rehnquist later bought a home in Vermont with a restrictive covenant that barred sale of the property to ''any member of the Hebrew race.
Rehnquists judicial philosophy was result-oriented, activist, and authoritarian. He sometimes moderated his views for prudential or pragmatic reasons, but his vote could almost always be predicted based on who the parties were, not what the legal issues happened to be. He generally opposed the rights of gays, women, blacks, aliens, and religious minorities. He was a friend of corporations, polluters, right wing Republicans, religious fundamentalists, homophobes, and other bigots.
Rehnquist served on the Supreme Court for thirty-three years and as chief justice for nineteen. Yet no opinion comes to mind which will be remembered as brilliant, innovative, or memorable. He will be remembered not for the quality of his opinions but rather for the outcomes decided by his votes, especially Bush v. Gore, in which he accepted an Equal Protection claim that was totally inconsistent with his prior views on that clause. He will also be remembered as a Chief Justice who fought for the independence and authority of the judiciary. This is his only positive contribution to an otherwise regressive career.
Within moments of Rehnquists death, Fox News called and asked for my comments, presumably aware that I was a longtime critic of the late Chief Justice. After making several of these points to Alan Colmes (who was supposed to be interviewing me), Sean Hannity intruded, and when he didnt like my answers, he cut me off and terminated the interview. Only after I was off the air and could not respond did the attack against me begin, which is typical of Hannitys bullying ambush style. He is afraid to attack when theres someone there to respond. Since the interview, Ive received dozens of e-mail hate messages, some of which are overtly anti-Semitic. One writer called me a jew prick that takes it in the a** from ruth ginzburg [sic]. Another said I am an ignorant socialist left-wing political hack . Youre like a little Heinrich Himmler! (even the resemblance is uncanny!). Yet another informed me that I personally make us all lament the defeat of the Nazis! A more restrained viewer found me to be a disgrace to the Law, to Harvard, and to humanity.
All this, for refusing to put a deceptive gloss on a man who made his career undermining the rights and liberties of American citizens.
My mother would want me to remain silent, but I think my father would have wanted me to tell the truth. My father was right.
Alan Dershowitz is a professor of law at Harvard. His latest book is The Case for Peace: How the Arab-Israeli Conflict Can Be Resolved (Wiley, 2005).
Alan Dershowitz is still alive?
Didn't he win the worst dressed list or something? LOL!
Why wait till after the funeral to trash someones reputation?
Hey, Dersoshitz -- Shut up! Most of the country is on the same side as Chief Justice Rehnquist!
Oh, good grief!
Ah yes, Mr Douche-wits. If only Jews had been allowed in, then poor little WASP Renquist would not have been first in his class, because only a Jew could be first in a class, non-Jews are too stupid.
Mr Douche-wits, you are a Jewish supremacist!!!!
Chief Justice Rehnquist's position in history as a notable jurist is already well-established.
Dershowitz, if he is lucky, will be completely forgotten.
Amazing....but, on second thought, no. Typical Dershowitz hubris. He accused a dead man of everything under the sun but matricide. If Dershowitz had been smarter...but nobody's smarter than he is. Oh well.
Liberals can trash anybody at any time. That is the only thing the stupid bass turds can do.
Dipshitowitz is lose again.
JUST ANOTHER NEW YORK SOCIALIST WITH ABSOLUTELY NO CLASS.
This is a new low even for Dershowitz.
>He generally opposed the rights of gays, women, blacks, aliens, and religious minorities. He was a friend of corporations, polluters, right wing Republicans, religious fundamentalists, homophobes, and other bigots.
Typical liberal screed when the courts do not decide cases their way.
But in a bigger sense, please remember that this was written by a man who easilly has the intelligence to know that O.J. Simpson was guilty, not beyond a reasonable doubt, but beyond any doubt. But still Dershowitz actively participated in the immoral, unjust effort to have him freed.
That tells us a lot about Dershowitz, doesn't it!
Sounds like a 3 year old with a bad case jealousy to me.
Dershowitz wouldn't know an anti-semite if he met one ~ for one thing, Alan's not a real Jew.
You, on the other hand, are almost certainly an anti-semitic jerk. I haven't done a search of your postings to verify it, so I bet $5 based purely on this post of yours.
only Jews had been allowed in, then poor little WASP Renquist would not have been first in his class, because only a Jew could be first in a class...
That isn't actually what he said. He didn't clarify why exclusion of Jews helped Rehnquist, but one clear, simple reason is that it eliminated competition. Just as I might say I was "first in my class" at Podunk U, when I really mean that I was first among the white students, because blacks and latinos weren't counted. I might still be first if blacks were counted, but limiting the competition didn't, um, hurt.
To others on this thread complaining about Dershowitz's remarks about Stanford, you seem to be sliding over the fact that he indulged in anti-semitic humor, including "goose-stepping", wearing "brown shirts" and saying "sieg hiel". These things do not necessarily make a bad supreme-court justice, but they do indeed represent solid evidence of anti-semitism. It is Dershowitz's claim that his subsequent judicial record also reflects prejudice, and I don't know enough about it to confirm or deny.
Dershowitz, if WE is lucky, will be completely forgotten......
You can think what you want, but every group, white, black, christian or jewish has a supremacist sect within it. I suspect douche-wits is one of them.
How do you know Renquist wasn't making fun of Hitler with his goose-stepping??? Ordinarily, people retarded enough to admire Hitler, don't complete law school, so I'll assume that Douche-wits is a bigger jerk than Renquist could have possibly been.
Somebody, please ZOT this, please ....
Alan Dershowitz,is an ugly democrat..I think he gets up in the morning looks at himself in the mirror and it ruins his day so he goes out and tries to ruin ours..What a liar this man is..
I'd be more comfortable with your assertion of the above as facts if Mr. Dershowitz had provided sources for the comments so indicated. It's easy to make claims without a source - and it makes it almost impossible for the accused party to refute the accusations.
That's a pretty dumb statement. Charles Lindbergh was retarded? How about Henry Ford?
Your no better than a poverty-pimp playing the race card.
Lindberg and Ford were perfect in every way. "ORDINARILY" was the word I used. WTF.
And I'll say it, Lindberg and Ford are morally retarded.
I wasn't confirming that Dershowitz's claims are factual; only that if true they are certainly adequate evidence of antisemitism. A search on "William Rehnquist" and "antisemite" turns up little or nothing, so I agree that Dershowitz needs to back up his statements with evidence.
I'm sorry for not clarifying further and apologize for that. I was referring to your initial posting in which you wrote:
"...you seem to be sliding over the fact that he indulged in anti-semitic humor, including "goose-stepping", wearing "brown shirts" and saying "sieg hiel". These things do not necessarily make a bad supreme-court justice, but they do indeed represent solid evidence of anti-semitism."
I'm willing to be proven wrong. It's highly suspicious that you reached so quickly for the red-hot rhetoric, however.
Instead of obsessing over Buchanan, Falwell, or even this bizarre accusation of a judge from way in the past...it would behoove those who love Israel to try to get American Jews back on the side of Jerusalem. That is, the 75% of US Jewry who voted for the fashionable pro-Pali left.
One of the reasons that antisemitism is rising, IMO, is that the antisemites realize that they have nothing to fear from the large majority of American Jews. They can get away with it. Jewish loyalty to the left far surpasses loyalty to Israel or Judaism.
This is the big problem.
We need Jews back on board. I don't know how to do it. It will be left to the few conservatives...so why waste energy on Buchanan lookalikes?
It's highly suspicious that YOU reached so quickly for the red-hot rhetoric, however.
How nice...Dershowitz could've made these accusations while Rehnquist was alive and could answer the charges....but instead, he chooses to wait until he's dead.
Yes, but he's senile.
Um, you started it. Neener neener? This is devolving into a food fight. Truce.
I discriminate against Jews named Dershowitz as well as ones named Ders-no-witz.
OK, antisemitic or not, you're a jerk. Have a good life.
Fair question. I know next to nothing about Dershowitz, but did read his excellent book, "The Case for Israel". Some pointers, links or search terms would be helpful.
You were wrong, but won't admit it. You play the anti-semite card just like all the poverty-pimps. You are no better than they. Have a good life, right back at yah!
It would seem to me that the Chief Justice was mocking Nazis not Jews. These antics, if true, would indicate his disdain for people who think like Nazis.
All fair points.
We hear of this first after Rehnquist is dead?
One claim about Dershowitz that not even he would wish to refute, but he would gladly boast.
Alan Dershowitz has no manners.
All hail! Dershowitz is dead. Long live Dearth-o-wits.
The real question is why, in the first place, was little Alan allowed to be on T.V.? Alan's momma would wash his foul little mouth out with soap were she to hear him speak with so much vile about a dead man who cannot defend himself. I'm damned sick and tired of this kind of slander being allowed on t.v. anyway. My goodness, have we lost all sense of respect for the dead that we have to say mean, vile things about them before we even bury them? Shame on Mr. Dershowitz, and shame on anyone who allows him to poison the memories we have of a great American.
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