WASHINGTON, 5 September 2005 — William Hubs Rehnquist, the 16th Chief Justice of the United States Supreme Court, died last night at his home in Arlington.
Rehnquist, who moved the Supreme Court to the conservative right over the course of 33 years, died at 80. His death creates a second vacancy for President George Bush to fill, raising the stakes in the fight over the court’s future.
He had been battling thyroid cancer for almost a year, but continued to perform his duties on the court while receiving treatment. In July, he put out a statement saying he had no plans to retire. But his health declined rapidly in recent days.
The chief justice’s death comes as the Senate is preparing for hearings on President Bush’s nomination of John Roberts to replace Sandra Day O’Connor as an associate justice. These hearings are scheduled to begin this Wednesday, but observers say they may likely to be postponed until after Rehnquist’s funeral.
O’Connor, 75, announced her retirement on July 1, effective upon the confirmation of her successor. There is now speculation that Bush could ask O’Connor to put off her retirement and serve as chief justice.
Bush must now name a replacement for both Rehnquist and O’Connor, and the selection and confirmation process will probably last beyond the court’s new term starting Oct. 3.
Within the nine-member Supreme Court, four votes are needed to grant a hearing and five to produce a majority opinion, and no justice can accomplish anything alone. Thus a justice’s leanings — conservative or liberal — can be extremely important in reaching decisions.
Thus Bush knows he must chose his replacements carefully to carry out his conservative agenda, and has a chance to leave a decades-long legal legacy, shaping future Supreme Court rulings on abortion, affirmative action and the death penalty.
The battle over the judiciary is part of a much larger political campaign to determine not only the constitutionality of abortion and the role of religion in public life also the very character of America’s constitution.
There is some speculation that Bush may elevate a sitting conservative associate justice, such as Antonin Scalia or Clarence Thomas, to chief justice. That option could lead to a contentious hearing, plus two more hearings to fill associate justice seats.
Bush could also appoint someone from outside the court. Sources say a likely short list could include federal appeals court judges J. Harvie Wilkinson and Michael Luttig from the 4th Circuit Court of Appeals and former Solicitor General Ted Olsen, who helped argue Bush’s side in the recount case of 2000. Another possible candidate is Alberto Gonzales, the administration’s attorney general.
Bush nominated Roberts, a conservative white male, to replace O’Connor. The president can expect pressure to name a woman or a Hispanic to fill the second vacancy. When O’Connor retires, Justice Ruth Bader Ginsburg will be the only woman on the court.
Inside the court, Rehnquist was generally well liked, colleagues say he lacked pomposity and enjoyed practical jokes, but he never compromised his very conservative stance.
In 1991, with the confirmation of Justice Clarence Thomas, Rehnquist had the five conservative votes he needed to put his views of the law into effect.
Known as the “Federalist Five,” Rehnquist, O’Connor, Antonin Scalia, Anthony Kennedy and Thomas issued a series of rulings that struck down efforts by Congress to subject state governments to laws protecting women against domestic violence, banning guns near school property and prohibiting discrimination against disabled workers.
William Rehnquist was appointed to the Supreme Court by President Richard Nixon in 1971 and took his seat in 1972. He was elevated to chief justice by President Ronald Reagan in 1986.
“The imprint of his gavel has been deep,” commented Republican Senate Majority Leader Bill Frist. “Its impact has been profound.”
Rehnquist was a strong opponent of abortion, gay rights, gun control and affirmative action for minorities. Even as a law clerk with the Supreme Court in the early 1950s, he wrote a memorandum arguing against school desegregation.
He never shirked from defending his views even in the minority, dissenting in the key Roe vs. Wade case in 1973, which recognized abortion as a constitutional right. He battled against the expansion of federal powers and spoke in favor of state rights.
In 1999, he presided over the impeachment trial — and acquittal — of President Bill Clinton in the Senate over charges of perjury and obstruction of justice stemming from his affair with White House intern Monica Lewinsky.
A year later, Rehnquist and four other Republican-nominated justices, ordered the end of a presidential election ballot recount in Florida, giving the presidency to Bush.
Born Oct. 1, 1924, Rehnquist grew up in Shorewood, Wisconsin, and got his law degree from Stanford University in California.
He is survived by his three children: Janet Rehnquist, James Rehnquist and Nancy Spears as well as his sister, Jean Larin. His wife, Natalie Rehnquist, died in 1991.
