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Miers and Rehnquist: Neither Were Judges Before SCOTUS Nomination!
Oct/13/05 | jveritas

Posted on 10/13/2005 6:53:22 AM PDT by jveritas

One of the first and most important arguments that the anti-Miers camp tells us that Miers is not qualified because she never served as a judge. Well either the anti-Miers conservatives are hypocrites or they are totally ignorant because the late Chief Justice William Rehnquist, one of the most conservative justices ever, was never a judge before he was nominated to the Supreme Court by President Nixon.

Here is a Link for the biography of late Chief Justice Rehnquist.

http://www.michaelariens.com/ConLaw/justices/rehnquist.htm


TOPICS: Your Opinion/Questions
KEYWORDS: miers; rehnquist; scotus
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1 posted on 10/13/2005 6:53:24 AM PDT by jveritas
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To: jveritas

And your point?


2 posted on 10/13/2005 6:55:31 AM PDT by Yo-Yo
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To: jveritas

Renquist clerked for the Supreme Court...in other words, he probably wrote a supreme court opinion while Miers was still in law school.


3 posted on 10/13/2005 6:55:51 AM PDT by ContemptofCourt
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To: jveritas

Doesn't matter, those with an anti-Meirs template are all aflutter over Harriet Miers sending then Gov. Bush an American Greetings card(gasp, time for a special prosecutor).


4 posted on 10/13/2005 6:56:18 AM PDT by Dane ( anyone who believes hillary would do something to stop illegal immigration is believing gibberish)
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To: Yo-Yo
That he knows how do use the search function on Google.
5 posted on 10/13/2005 6:56:54 AM PDT by Do not dub me shapka broham ("We don't want a Supreme Court justice just like George W. Bush. We can do better.")
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To: jveritas
When Rehnquist was nominated, did the Senate have anything to evaluate him by other than his testimony at the confirmation hearings?
6 posted on 10/13/2005 6:57:47 AM PDT by Constitutionalist Conservative (Have you visited http://c-pol.blogspot.com?)
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To: ContemptofCourt

Why should we care if she has experience with constitutional law issues after all W knows her and that should be good enough for any conservative /sarcasm


7 posted on 10/13/2005 6:58:11 AM PDT by N3WBI3 (If SCO wants to go fishing they should buy a permit and find a lake like the rest of us..)
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To: Constitutionalist Conservative
Yes.
8 posted on 10/13/2005 6:58:50 AM PDT by Do not dub me shapka broham ("We don't want a Supreme Court justice just like George W. Bush. We can do better.")
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To: Do not dub me shapka broham
Then the comparison kinda breaks down on that point.
9 posted on 10/13/2005 6:59:40 AM PDT by Constitutionalist Conservative (Have you visited http://c-pol.blogspot.com?)
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To: jveritas

Janice Rogers Brown would have been an awesome pick that would've fired up the conservative base. She's got a great life story and it would've been awesome to see liberal racists like Ted Kennedy and Pat Leahy talk down to her.

Instead, we are stuck with a woman who really excites no one. Maybe she'll surprise us and blow away Kennedy & Co in the hearings and turn out great, but the point is - Why do we have to hope? Why didn't Bush nominate a proven entity? Clinton didn't pussy foot around when he nominated Breyer and Ginsburg - why did Bush?


10 posted on 10/13/2005 6:59:50 AM PDT by GianniV
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To: Constitutionalist Conservative
Precisely.
11 posted on 10/13/2005 7:00:17 AM PDT by Do not dub me shapka broham ("We don't want a Supreme Court justice just like George W. Bush. We can do better.")
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To: ContemptofCourt
He clerked for a supreme court justice for 15 months from 1952-1953 and this does not give him any signficant advantage over Miers when it comes to qualifications. He was nominated in 1973 to SCOTUS 20 years after his brief work as SCOTUS clerk.
12 posted on 10/13/2005 7:01:20 AM PDT by jveritas (The Axis of Defeatism: Left wing liberals, Buchananites, and third party voters.)
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To: Constitutionalist Conservative
From the provided Rehnquist Biography link:

"Two years later, Nixon had another chance to nominate a Southerner, and to add a judicial (and political) conservative. Nixon nominated Lewis F. Powell of Richmond, Virginia to replace Black, and Rehnquist to replace Harlan. Rehnquist was questioned at Senate Judiciary Committee hearings about a memorandum he had written for Justice Jackson in 1952 concerning the then-pending case of Brown v. Board of Education (1954). The memorandum concluded that "separate but equal" (the standard in Plessy v. Ferguson, 1896) was the correct constitutional standard. At his hearings, Rehnquist testified that the memo did not reflect his views, but the views of Justice Jackson, to be used at the conference of the Justices at which Brown would be discussed. His testimony was disputed by others (but supported privately by Justice William O. Douglas, the only member of the Court in 1971 who was on the Court in 1952), but the flap subsided, and Rehnquist was confirmed by a vote of 68-26. (Powell, the more moderate nominee, was confirmed by a vote of 89-1.)"

13 posted on 10/13/2005 7:01:32 AM PDT by Yo-Yo
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To: jveritas

Your point is irrelevant. It's not that Miers has never been a judge -- frankly, that's a good thing. But she's got no record of any kind, that we can find anyway, on the kinds of Constitutional questions that come to the Supreme Court -- no cases argued, no memos like Roberts, no articles, no classes taught, nothing. So we have to assume that she is a strict constructionist and that she will have the backbone to resist the kinds of blandishments that moved Anthony Kennedy to being at least a quasi-liberal judge.

For goodness' sake, the woman was editor of the Texas Law Review, and STILL we haven't been able to find ANY evidence of any thinking about the Constitution or judicial philosophy. That's the problem -- and especially so when there wree so many good solid originalist thinkers whom the President could have picked.

Frankly, Miers wouldn't have been on anyone's Supreme Court list. How did she float to the top of Bush's?


14 posted on 10/13/2005 7:01:34 AM PDT by TBP
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To: N3WBI3
Why should we care if she has experience with constitutional law issues after all W knows her and that should be good enough for any conservative /sarcasm

Is the Constitution not written in plain English? Do you suppose that Harriet Meirs cannot read and interpret the English language?

15 posted on 10/13/2005 7:02:02 AM PDT by Bigun (IRS sucks @getridof it.com)
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To: ContemptofCourt
Renquist clerked for the Supreme Court...in other words, he probably wrote a supreme court opinion while Miers was still in law school.

So a bit over a year as a clerk qualifies one to be on the SC now? His experience prior to being nominated was hardly more laudable than hers.

And the "while she was still in law school" comment is just silly. If you want someone who was clerking for the SC when Rehnquist was... that person would also likely be near death.

16 posted on 10/13/2005 7:02:30 AM PDT by IMRight
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To: jveritas

Rehnquist was an advisor to Barry Goldwater along with Robert Bork. He was in the trenches of the conservative movement throughout the 60's. Where he stood was well known.


17 posted on 10/13/2005 7:03:00 AM PDT by cotton1706
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To: Constitutionalist Conservative

I remember when Rhenquist was nominated. The critics said he was undistinguished. But they believed he was a conservative because Nixon nominated him! Also recall that Nixon had had two nominations rejected prior to nominating Rhenquist.


18 posted on 10/13/2005 7:03:29 AM PDT by zook
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To: Bigun; N3WBI3
Is the Constitution not written in plain English? Do you suppose that Harriet Meirs cannot read and interpret the English language?

Obviously not, can someone show me where the Founders wrote a definate career track to be a SCOTUS justice?

19 posted on 10/13/2005 7:04:44 AM PDT by Dane ( anyone who believes hillary would do something to stop illegal immigration is believing gibberish)
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To: Yo-Yo
My point one of the anti-Miers camp major argument on opposing Miers because she is not a judge is DUMB and HYPOCRITE.
20 posted on 10/13/2005 7:04:51 AM PDT by jveritas (The Axis of Defeatism: Left wing liberals, Buchananites, and third party voters.)
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To: Bigun

The greatness of the US Constitution is that it was written by very enlightened men to be understood by ordinary men and women without the need for so called expert to tell us what the Constitution means.


21 posted on 10/13/2005 7:07:17 AM PDT by jveritas (The Axis of Defeatism: Left wing liberals, Buchananites, and third party voters.)
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To: cotton1706
Miers works for President Bush and not for two people who lost as in Goldwater and Bork.
22 posted on 10/13/2005 7:08:40 AM PDT by jveritas (The Axis of Defeatism: Left wing liberals, Buchananites, and third party voters.)
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To: jveritas
My point one of the anti-Miers camp major argument on opposing Miers because she is not a judge is DUMB and HYPOCRITE.

But as you well know, that's not the argument at all, at least not by anyone on this side of the aisle.

But hey, W appointed her, so what right do we ahve to criticize, right?

23 posted on 10/13/2005 7:08:54 AM PDT by TBP
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To: Bigun
Is the Constitution not written in plain English? Do you suppose that Harriet Meirs cannot read and interpret the English language?

Ummm... that's what the whole battle is about. You do know, don't you, that the prevailing wisdom says that the Constitution is not written in plain English, but rather is laden with penumbras and emanations that our judicial overlords must decipher for us.

Conservatives have been fighting for decades to restore the paradigm of plain-English interpretation. That's why people are reacting to vigorously to the nomination of a complete unknown.

24 posted on 10/13/2005 7:09:20 AM PDT by Constitutionalist Conservative (Have you visited http://c-pol.blogspot.com?)
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To: IMRight
You've got to be joking.

Clerking for Justice Robert Jackson-a distinguished Attorney and Solicitor General, American prosecutor for war crimes at Nuremberg, and one of the better Supreme Court justices of the 20th century-is not much of a stretch from being a career crony, backslapper, and careerist, who's never published a single compelling thought on any controversial, weighty Constitutional matter?

25 posted on 10/13/2005 7:09:49 AM PDT by Do not dub me shapka broham ("We don't want a Supreme Court justice just like George W. Bush. We can do better.")
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To: IMRight
Renquist's was much more qualified than Miers. Do you understand just what it takes to even get to clerk with the Supreme Ct.? In addition, it demonstrates that he was exposed to these issues very early in his legal career.

As for Miers, not even her boyfriend of 30 years can articulate ONE position she has ever taken on any issue.

26 posted on 10/13/2005 7:09:49 AM PDT by ContemptofCourt
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To: Dane
...can someone show me where the Founders wrote a definate career track to be a SCOTUS justice?

I hope they do not damage their eyes looking for that as it is somewhat akin looking for the pork in pork & beans! It ain't there!

27 posted on 10/13/2005 7:11:17 AM PDT by Bigun (IRS sucks @getridof it.com)
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To: Do not dub me shapka broham
My point that in simple terms I crushed one of the major arguments of the anti-Miers camp.

PS: Google is the enemy of ignorants and liars.

28 posted on 10/13/2005 7:11:31 AM PDT by jveritas (The Axis of Defeatism: Left wing liberals, Buchananites, and third party voters.)
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To: jveritas
"One of the first and most important arguments that the anti-Miers camp tells us that Miers is not qualified because she never served as a judge. "

Strawman. It's more of what Dean describes as 'hiding the paper salami'.

29 posted on 10/13/2005 7:11:50 AM PDT by ex-snook (Vote gridlock for the most conservative government)
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To: jveritas

I, for one hope that Meirs makes it. No way she would be worse that who she is replacing.


30 posted on 10/13/2005 7:12:46 AM PDT by Piquaboy (22 year veteran of the Army, Air Force and Navy, Pray for all our military .)
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To: jveritas
No, it is not DUMB and Hypocrite.

By the way, nice use of the English language there.

It's perfectly defensible, especially considering the fact that this woman has never argued any case before the Supreme Court, has never authored any substantive opinions relating to critical Constitutional questions, and to the best of our knowledge has never studied Constitutional law after acquiring her law degree.

31 posted on 10/13/2005 7:12:49 AM PDT by Do not dub me shapka broham ("We don't want a Supreme Court justice just like George W. Bush. We can do better.")
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To: GianniV

Why do you think the president didn't nominate someone like Janice Rogers Brown? No one really believes that Miers was his first choice (this is not an attack or apology for Miers, just noting it). Either Brown and the others would not accept the nomination for whatever reason (this is being leaked to some extent by the WH), or Bush decided they would likely not be confirmed. If this latter reason is why he went with Miers, I don't blame Bush, I blame our GOP Senators. They have not backbone. Even on Roberts, perfectly qualified, amazing to watch, the GOP side was not absolutely locked on in support of him.


32 posted on 10/13/2005 7:13:19 AM PDT by NCLaw441
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To: jveritas
Well either the anti-Miers conservatives are hypocrites or they are totally ignorant because the late Chief Justice William Rehnquist, one of the most conservative justices ever, was never a judge before he was nominated to the Supreme Court by President Nixon.

I'm neither a hypocrite nor ignorant, and I still oppose the Miers nomination.

The comparison to Justice Rehnquist is disingenuous, as the issue isn't Miers minimum qualifications for the bench - she is, by virtue of being a lawyer, qualified. Rather, the issue is whether she is the best candidate at this time, and she clearly is not.

33 posted on 10/13/2005 7:14:09 AM PDT by TonyInOhio ("Men must be governed by God or they will be ruled by tyrants.")
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To: Dane

Notice Dane that no one has mentioned this before in the anti-Miers camp, although I am sure that many conservatives pundits were aware of this but they just thought they can hide it from the "ignorant masses". Do you the "elitism" that we have know among liberals being manifested among some of our own?


34 posted on 10/13/2005 7:14:25 AM PDT by jveritas (The Axis of Defeatism: Left wing liberals, Buchananites, and third party voters.)
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To: Bigun
Is the Constitution not written in plain English? Do you suppose that Harriet Meirs cannot read and interpret the English language?

Evidently, they believe she cannot.

Crazy, isn't it?

35 posted on 10/13/2005 7:14:47 AM PDT by Racehorse (Where your treasure is, there will your heart be also.)
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To: Yo-Yo

I see a pattern of useless flamebait posts emerging.

http://www.freerepublic.com/focus/f-news/1501361/posts


36 posted on 10/13/2005 7:15:15 AM PDT by Sir Gawain
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To: jveritas

Yep, the "originalist" elite conviently forget that there is no set career track to be a SCOTUS Justice.


37 posted on 10/13/2005 7:18:07 AM PDT by Dane ( anyone who believes hillary would do something to stop illegal immigration is believing gibberish)
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To: Constitutionalist Conservative
You do know, don't you, that the prevailing wisdom says that the Constitution is not written in plain English, but rather is laden with penumbras and emanations that our judicial overlords must decipher for us.

Absolutely I DO know that and consider it to be one of the MAJOR problems this country faces!

Conservatives have been fighting for decades to restore the paradigm of plain-English interpretation.

Yet when they FINALLY get a president willing to do something about it they throw a howling, spitting FIT!

That's why people are reacting to vigorously to the nomination of a complete unknown.

She is NOT a complete unknown to the fellow who is charged with the appointing and who's record in this area is impeccable!

38 posted on 10/13/2005 7:18:22 AM PDT by Bigun (IRS sucks @getridof it.com)
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To: jveritas
Notice Dane that no one has mentioned this before in the anti-Miers camp

Really?

http://www.freerepublic.com/focus/f-news/1501421/posts

The other straw-man argument constantly being hawked by the Bush administration is that Miers' critics object that she's never been a judge. To quote another Bush – Read my lips: No one has said that. So please stop comparing Miers to Justice Byron White (first in his class at Yale Law School) or Justice William Rehnquist (first in his class at Stanford Law School).

39 posted on 10/13/2005 7:18:28 AM PDT by Sir Gawain
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To: NCLaw441

Bush is the President - if he can't corral the Senators in his own party, then he is WEAK.


40 posted on 10/13/2005 7:18:54 AM PDT by GianniV
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To: cotton1706
"Rehnquist was an advisor to Barry Goldwater along with Robert Bork. He was in the trenches of the conservative movement throughout the 60's. Where he stood was well known."


Hmmm ... I wonder what those two have in common?

I reckon it's a good thing he became a judge. As an advisor he seemed to be lacking.



41 posted on 10/13/2005 7:20:14 AM PDT by G.Mason
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To: GianniV
I wholeheartedly concur with your comments about JRB. She was my choice as well. And while I am not excited over Miers, I am holding my powder dry.

On the note on Why Bush didn't nominate someone else, it is disheartening to face the pathetic facts about the GOP Senate. They ain't got no balls and they have some within their ranks who are downright liberal. Others have axes to grind, say like Lott.

Others like McVain and his a$$-kissin buddy Lindsey Graham, DeWhine, weepy Voinobitch...these clowns along with Chaffee, Snowe, and Collins are a cancer and cannot be counted on in a knock down drag out fight.

They've already sold us out once with their Gang of 14 antics. Should Bush have gone in-their-faces and dared them to oppose his nominee in say JRB??? I don't know. Part of me says yes, and part of me sees the downside ramifications of losing that fight.

I figure if I had the choice, I would have gone with JRB and gone to the mattresses...but, alas, it wasn't my choice. And, if the info from Dobson was in any way correct, JRB may have turned it down.

42 posted on 10/13/2005 7:21:13 AM PDT by el_texicano (Liberals, Socialist, DemocRATS, all touchy, feely, mind numbed robots, useless idiots all)
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To: NCLaw441
Yes, it's being leaked by the White House.

It's called cya.

And the White House can do all the spinning it wants, but that doesn't mean I have to buy it for one second.

43 posted on 10/13/2005 7:21:25 AM PDT by Do not dub me shapka broham ("We don't want a Supreme Court justice just like George W. Bush. We can do better.")
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To: Bigun
She is NOT a complete unknown to the fellow who is charged with the appointing and who's record in this area is impeccable!

Excellent comment.

However the "smartest" among us want to tell the President who to pick because the Constitution is very clear that the "smartest people" in the President party must send the President a list of nominees for SCOTUS and he must choose from this list or he must be impeached. (End of sarcasm).

44 posted on 10/13/2005 7:22:41 AM PDT by jveritas (The Axis of Defeatism: Left wing liberals, Buchananites, and third party voters.)
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To: Racehorse
Evidently, they believe she cannot.

Crazy, isn't it?

Indeed it is! IMHO one of the biggest problems the conservative movement has, and I am a VERY long term member, is their inconsistency on many issues. This one included.

45 posted on 10/13/2005 7:25:14 AM PDT by Bigun (IRS sucks @getridof it.com)
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To: ContemptofCourt
" ... not even her boyfriend of 30 years ... "


Nice insinuation. Real nice, and pertinent also.



46 posted on 10/13/2005 7:26:06 AM PDT by G.Mason
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To: Do not dub me shapka broham

Your tagline says everything about you.


47 posted on 10/13/2005 7:26:22 AM PDT by jveritas (The Axis of Defeatism: Left wing liberals, Buchananites, and third party voters.)
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To: jveritas
Yes.

It says that I'm not a mindless lemming.

How gauche of me!

48 posted on 10/13/2005 7:29:31 AM PDT by Do not dub me shapka broham ("We don't want a Supreme Court justice just like George W. Bush. We can do better.")
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To: jveritas

> One of the first and most important arguments that
> the anti-Miers camp tells us that Miers is not
> qualified because she never served as a judge.

I haven't been slavishly following the debate,
and don't have a position on it, but:
a. this was not one of the first arguments,
b. it isn't the most important argument, and
c. I notice that there are no references cited.
Give us examples from the "anti-Miers camp".

This looks to me like a straw-man argument.


49 posted on 10/13/2005 7:30:48 AM PDT by Boundless
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To: jveritas
There is no comparison between Rehnquist and Miers in terms of their resumes except that both were not judges.

Like many Americans in his generation, Rehnquist attended college after World War II with the support of scholarship money from the GI Bill. At Stanford, he earned both a bachelor and a master of arts degree in political science. A distinguished student, Rehnquist was elected to Phi Beta Kappa in 1948. He continued his education at Harvard where he received another master of arts degree -- this time in government -- two years later. Rehnquist returned to Stanford Law School in 1950; he graduated at the top of his class. (Sandra Day O'Connor, who would eventually serve with him on the Supreme Court, graduated third from that same class.)

At law school, Rehnquist started down the path that would eventually take him to the Supreme Court. Having already established a reputation among his instructors and peers as a brilliant legal thinker and an able scholar, Rehnquist impressed one professor sufficiently to earn a private interview with Supreme Court Justice Robert Jackson, who was visiting the law school. Rehnquist's professor, a former clerk for Jackson, arranged the meeting in hopes that his favored student could convince Jackson of his qualifications for a clerkship. Rehnquist walked away from that meeting feeling he had failed to impress Jackson in the slightest. However, his fears proved false as Jackson eventually selected him for clerkship that year. Rehnquist's clerkship under the moderate Jackson did not alter his conservative beliefs in any noticeable manner. Instead, his exposure to the other clerks may have served only to confirm his conservativism.

Rehnquist married Natalie Cornell, whom he had met during his law school years, after his completing his clerkship. He also moved to Phoenix, Arizona to work for a law firm there. Rehnquist chose Phoenix for its pleasant weather and favorable political leanings. The next few years passed uneventfully for Rehnquist. He, together with his wife, raised a son and two daughters.

Following advice given to him by Justice Felix Frankfurter, Rehnquist began his participation in the Republican Party. He became a Republican Party official and achieved prominence in the Phoenix area as a strong opponent of liberal initiatives such as school integration. Rehnquist campaigned for Republican presidential candidate Barry Goldwater during the 1964 elections. During that time, he befriended Richard Kleindienst, another attorney from Phoenix. When Richard Nixon rose to the presidency a few years later, he appointed Kleindienst deputy attorney general of his administration. Kleindienst sought Rehnquist for the position of deputy attorney general in then Justice Department's Office of Legal Counsel.

When Justice John Marshall Harlan retired in 1971, the Nixon administration chose Rehnquist as Harlan's replacement. A Democratic Senate overwhelmingly confirmed his nomination. On January 7, 1972, Rehnquist -- and fellow nominee, Lewis Powell -- took their oaths of office.

In his early days on the Court, Rehnquist was outspoken as the Court's lone dissenter despite the presence of three other Republican appointees. He battled against the expansion of federal powers and advocated a strong vision of state's rights. Rehnquist also differed from the majority's view that the Fourteenth Amendment applied to non-racial issues such as the rights of women, children, and immigrants. Although his dissents at the time influenced very little of the Court's conclusions, Rehnquist provided the future Court many valuable ideas which inspired the later conservative shift. Rehnquist's views led him to oppose the majority in several important decisions. In his opinion, the liberal faction of the Court too often tried to shape public policy by expanding the scope of the law beyond its original meaning.

50 posted on 10/13/2005 7:33:03 AM PDT by kabar
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