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Rehnquist, William H. (1924–2005)

During his long career on the U.S. Supreme Court, William Rehnquist went from an associate justice with conservative views on a predominantly liberal Court where his role was primarily that of dissenter, to a powerful chief justice who in areas such as affirmative action, states' rights, and First Amendment freedom of religion helped turn the Court in a new direction. Insofar as the Court has now accepted a majority of Justice Rehnquist's formerly minority views, his impact has been especially significant in the field of education law.

Early Years

William H. Rehnquist was born on October 1, 1924, in Milwaukee, Wisconsin, where his political ideology was molded at an early age. He grew up in a predominantly Republican suburban community to staunch conservative parents who disliked President Franklin Roosevelt and opposed most of his New Deal programs. In high school, Rehnquist excelled academically and was awarded a scholarship to a small, liberal arts school, Kenyon College. He dropped out after one quarter and joined the Army Air Corps, serving as a weather observer in North Africa during World War II.

After the war, Rehnquist enrolled at Stanford University, where he earned a bachelor's and a master's degree in political science and was elected to Phi Beta Kappa. He then received a second master's degree in government from Harvard University. Rehnquist returned to Stanford to attend law school. He was an outstanding student and graduated first in his class. At Stanford, he was a classmate and friend of Sandra Day O'Connor, with whom he would later serve on the Supreme Court.

Rehnquist was selected to serve as a clerk for Supreme Court Justice Robert H. Jackson. During his clerkship, Rehnquist often disagreed with his fellow clerks, many of whom he believed to be far too liberal in their political views. As a clerk, he drafted a memo to Justice Jackson arguing the position that the doctrine of “separate but equal” should not be overturned.

Following his clerkship, Rehnquist married and moved to Phoenix, Arizona, where he practiced law and became an active member of the Republican Party. He was an outspoken opponent of school busing, and according to critics at his Senate confirmation hearing, he participated in a scheme to make it more difficult for African Americans to register and vote. Through participation in Arizona politics, Rehnquist became friends with Richard Kleindienst. When Kleindienst was appointed deputy attorney general by President Richard Nixon, he helped Rehnquist secure a post as assistant attorney general in the Justice Department Office of Legal Counsel.

On the Bench

At the Justice Department, Rehnquist vigorously defended the Nixon administration's programs of surveillance and wiretapping of civil rights and anti-Vietnam War protestors. He also was involved in the process of screening potential nominees for federal judgeships. In 1971, when justices John Harlan II and Hugo Black retired from the Supreme Court, Rehnquist was high on the list of possible replacements. President Nixon barely knew Rehnquist, but administration insiders highly recommended him because of his strong conservatism, loyalty, and intellect. Rehnquist was nominated to fill the seat held by Harlan, and despite his lack of judicial experience and what opponents considered to be radically conservative views, his appointment was approved by the Senate by a vote of 68 to 26.

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