Similarly, Cato Institute scholar Roger Pilon has said that "[t]he Rehnquist court has revived the doctrine of federalism. Friedman, Leon; Israel, Fred L.
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Rehnquist joined the dissent, which argued that the Constitution of the United States says nothing about this subject, so "it is left to be resolved by normal democratic means". The dissent, written by Justice Scalia, argued as follows some punctuation omitted:. General laws and policies that prohibit arbitrary discrimination would continue to prohibit discrimination on the basis of homosexual conduct as well. The amendment prohibits special treatment of homosexuals, and nothing more.
It would not affect, for example, a requirement of state law that pensions be paid to all retiring state employees with a certain length of service; homosexual employees, as well as others, would be entitled to that benefit. The dissent mentioned the Court's then-existing precedent in Bowers v.
Hardwick , that "the Constitution does not prohibit what virtually all States had done from the founding of the Republic until very recent years—making homosexual conduct a crime.
If it is rational to criminalize the conduct, surely it is rational to deny special favor and protection to those with a self avowed tendency or desire to engage in the conduct. The dissent listed murder, polygamy , and cruelty to animals as behaviors that the federal Constitution allows states to be very hostile toward, and in contrast the dissent stated: I would not myself indulge in But the Court today has done so, not only by inventing a novel and extravagant constitutional doctrine to take the victory away from traditional forces, but even by verbally disparaging as bigotry adherence to traditional attitudes.
With the case of Lawrence v. Texas in , the Supreme Court under Rehnquist went on to overrule Bowers. Rehnquist again dissented along with Scalia and Clarence Thomas. The Court's result in Romer had described the struck-down statute as "a status-based enactment divorced from any factual context from which we could discern a relationship to legitimate state interests".
Rehnquist sometimes reached results favorable to homosexuals, for example voting to allow a gay CIA employee to sue on the basis of constitutional law for improper personnel practices although barring suit on the basis of administrative law in deference to a claim of national security reasons ,  voting to allow same-sex sexual harassment claims to be adjudicated,  and voting to allow the University of Wisconsin—Madison to require students to pay a mandatory fee that subsidized gay groups along with all other student organizations.
Rehnquist voted with the majority in denying a private right to sue for discrimination based on race or national origin involving a disparate impact under title VI of the Civil Rights Act of , in Alexander v. Sandoval , which involved the issue of whether a citizen could sue a state for not providing driver's license exams in languages other than English. Sandoval cited Cannon v. University of Chicago as a precedent. The Court voted 5—4 that various facts regarding disparate impact mentioned in a footnote of Cannon were not part of the holding of Cannon.
In , Rehnquist joined Lee v. Weisman ' s dissenting opinion that the Free Exercise Clause of the First Amendment to the Constitution only forbids government from preferring one particular religion over another. Rehnquist also led the way in allowing greater state assistance to religious schools, writing for another 5-to-4 majority in Zelman v. In Zelman , the Court approved a school voucher program that aided church schools along with other private schools.
In June , Rehnquist wrote the plurality opinion upholding the constitutionality of a display of the Ten Commandments at the Texas state capitol in Austin.
The case was Van Orden v. Our cases, Janus like, point in two directions in applying the Establishment Clause. One face looks toward the strong role played by religion and religious traditions throughout our Nation's history The other face looks toward the principle that governmental intervention in religious matters can itself endanger religious freedom.
University of Chicago Law School Professor Geoffrey Stone explains that Rehnquist was by an impressive margin the member of the Supreme Court least likely to invalidate a law as violating "the freedom of speech, or of the press".
There were only three areas in which Rehnquist showed any interest in enforcing the constitutional guarantee of free expression: However, as he did in Bigelow v. Commonwealth of Virginia , Rehnquist voted against freedom of advertising if an advertisement involved birth control or abortion.
Rehnquist wrote a concurrence agreeing to strike down the male-only admissions policy of the Virginia Military Institute , as violative of the Fourteenth Amendment's Equal Protection Clause. Had Virginia made a genuine effort to devote comparable public resources to a facility for women, and followed through on such a plan, it might well have avoided an equal protection violation.
It is not the 'exclusion of women' that violates the Equal Protection Clause, but the maintenance of an all-men school without providing any—much less a comparable—institution for women It would be a sufficient remedy, I think, if the two institutions offered the same quality of education and were of the same overall caliber.
Rehnquist remained skeptical about the Court's Equal Protection Clause jurisprudence; some of his opinions most favorable to equality resulted from statutory rather than constitutional interpretation. For example, in Meritor Savings Bank v. Vinson , Rehnquist established a hostile-environment sexual harassment cause of action under Title VII of the Civil Rights Act of , including protection against psychological aspects of harassment in the workplace.
Jeffery Rosen has argued that William Rehnquist's "tactical flexibility was more effective than the rigid purity of Scalia and Thomas. In truth, Rehnquist carefully staked out a limbo between the right and the left and showed that it was a very good place to be. With exceptional efficiency and amiability he led a Court that put the brakes on some of the excesses of the Earl Warren era while keeping pace with the sentiments of a majority of the country—generally siding with economic conservatives and against cultural conservatives.
As for judicial temperament, he was far more devoted to preserving tradition and majority rule than the generation of fire-breathing conservatives who followed him.
And his administration of the Court was brilliantly if quietly effective, making him one of the most impressive chief justices of the past hundred years. Jenkins was critical of Rehnquist's history with racial discrimination. He noted that, as a private citizen, Rehnquist had protested the Court's decision in Brown v.
Board of Education and as a justice, consistently ruled against racial minorities in affirmative action cases. Only when white males began to make reverse discrimination claims, did Rehnquist become sympathetic to equal protection arguments. Charles Fried has described the Rehnquist Court's "project" as being "to reverse not the course of history but the course of constitutional doctrine's abdication to politics". However, in law professor John Yoo wrote: After Rehnquist's death in , the FBI honored a Freedom of Information Act request detailing the Bureau's background investigation prior to Rehnquist's nomination as chief justice.
The files reveal that for a period, Rehnquist had been addicted to Placidyl , a drug widely prescribed for insomnia. Placidyl can be addictive, and it was not until he was hospitalized that doctors learned of the depth of his dependency.
Rehnquist was prescribed Placidyl by Dr. Freeman Cary, a physician at the U. Capitol, for insomnia and back pain from through in doses exceeding the recommended limits. The FBI report concluded, however, that Rehnquist was already taking the drug as early as There, he underwent a month-long detoxification process.
For example, "One doctor said Rehnquist thought he heard voices outside his hospital room plotting against him and had 'bizarre ideas and outrageous thoughts', including imagining 'a CIA plot against him' and seeming to see the design patterns on the hospital curtains change configuration. For several weeks prior to hospitalization, Rehnquist had slurred his words, but there were no indications he was otherwise impaired.
On October 26, , the Supreme Court press office announced that Rehnquist had recently been diagnosed with anaplastic thyroid cancer. After several months out of the public eye, Rehnquist administered the oath of office to President George W.
Bush at his second inauguration on January 20, , despite doubts over whether his health would permit his participation. He arrived using a cane, walked very slowly, and left immediately after the oath itself was administered.
After missing 44 oral arguments before the Court in late and early , Rehnquist appeared on the bench again on March 21, On July 1, , Rehnquist's colleague Sandra Day O'Connor announced her impending retirement from her position of associate justice, after consulting with Rehnquist and learning that he intended to remain on the Court.
Commenting on the frenzy of speculation over his retirement, Rehnquist responded to a reporter who asked if he would be retiring, "That's for me to know and you to find out.
Rehnquist died at his Arlington, Virginia , home on September 3, , just four weeks before his 81st birthday. Jackson in and the first chief justice to die in office since Fred M. On September 6, , eight of Rehnquist's former law clerks , including Judge John Roberts , his eventual successor, served as pallbearers as his casket was placed on the same catafalque that bore Abraham Lincoln 's casket as he lay in state in Matthew the Apostle in Washington, D.
Rehnquist was eulogized by President George W. Rehnquist's funeral was followed by a private burial service, in which he was interred next to his wife, Nan, at Arlington National Cemetery.
Rehnquist's death, just over two months after O'Connor announced her impending retirement, left two vacancies to be filled by President George W.
Circuit Court of Appeals to replace O'Connor as associate justice, and instead nominated him to replace Rehnquist as chief justice. Roberts was confirmed by the U. Senate and sworn in as the new chief justice on September 29, Roberts had clerked for Rehnquist in — Eulogizing his predecessor in the Harvard Law Review , Roberts wrote that Rehnquist was "direct, straightforward, utterly without pretense—and a patriot who loved and served his country.
He was completely unaffected in manner. Rehnquist's paternal grandparents immigrated separately from Sweden in His grandfather Olof Andersson, who changed his surname from the patronymic Andersson to the family name Rehnquist, was born in the province of Värmland ; his grandmother was born Adolfina Ternberg in the Vreta Kloster parish in Östergötland. Rehnquist is one of two chief justices of Swedish descent , the other being Earl Warren , who had Norwegian and Swedish ancestry.
Rehnquist married Natalie "Nan" Cornell on August 29, The daughter of a successful San Diego physician, she worked as an analyst on the CIA's Austria desk before their marriage. James, a lawyer and college basketball star, Janet, a lawyer, and Nancy, an editor including of her father's books and homemaker. Shortly after moving to Washington, D. But Plessy had been on the books for 60 years. Congress had never acted, and the same Congress that had promulgated the 14th Amendment had required segregation in the District schools.
I saw factors on both sides. I did not agree then, and I certainly do not agree now, with the statement that "Plessy against Ferguson is right and should be reaffirmed. Around the lunch table I am sure I defended it. I thought there were good arguments to be made in support of it. Rehnquist has said he was unaware of discriminatory restrictions on properties he bought in Arizona and Vermont , and officials in those states said today that he had never even been required to sign the deeds that contained the restrictions He told the committee he would act quickly to get rid of the covenants.
The restriction on the Vermont property prohibits the lease or sale of the property to "members of the Hebrew race" The discriminatory language appears on the first page of the single-spaced document in the middle of a long paragraph filled with unrelated language regarding sewers and the construction of a mailbox. From Wikipedia, the free encyclopedia. For other uses, see Rehnquist surname. Biography portal conservatism portal.
Supreme Court of the United States. Retrieved April 11, Retrieved May 30, What he found on the Farm changed his life, and the future of the country. Accessed September 17, The United States Supreme Court. Retrieved October 21, How the First Woman on the Supreme Court became its most influential justice.
Retrieved November 14, Those four were Black, Burton, Minton, and myself. Likewise, Justice Felix Frankfurter wrote: Canellos, August 23, Rehnquist said in about his conversations with other clerks about Plessy that he: The History of Brown v. Retrieved March 6, The Boston College Law Review. Retrieved 17 September Board of Education in support of a proposition" , S.
Adams , U. Yarbrough, The Rehnquist Court and the Constitution , pages 2—3 The Essential Guide to the Republican Nominee: Retrieved June 2, Barry Goldwater and the Unmaking of the American Consensus".
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