Sunday, September 4, 2005

Chief Justice William Rehnquist Dies: A Look at His Passion for Sports and the Future of the U.S. Supreme Court

Chief Justice William Rehnquist passed away yesterday at the age of 80. The valedictorian of Stanford Law School in 1951, Rehnquist served on the Court for 33 years, the last 19 as Chief Justice. What you might not know about Rehnquist was his passion for sports. He was a cross-country runner at his suburban Milwaukee high school, and played tennis competitively into his late 70s. He was also said to be an avid sports trivia buff.

Despite his position, fame, and intellect, Rehnquist was regarded as a regular guy when outside of the Court. An afficiando of Miler Lite, Rehnquist enjoyed watching sports on TV with beer in hand. According to Joseph Hoffman, a law professor at Indiana University and a former Rehnquist clerk, Rehnquist "came across as a person of grandeur and importance [but] if you saw him on the street, you'd expect him to be the kind of guy coming out of a bowling alley or a corner pub, not one of the most powerful people in America."

Perhaps Rehnquist's passion for sports influenced his style as Chief Justice. Known to embrace rules and efficiency, Rehnquist seemed like the Bill Belichick of Justices: he avoided making favorites among attorneys who frequently argued before the Court, and he would sharply cut off any attorney who went over the time limit--and would do so without pleasantry--just as he would unreluctantly dispense disagreement without worrying about hurting anyone's feelings or upsetting the legal community around him. He also expected decisions be written quickly by his Associate Justices (much like, I imagine, Coach Belichick expects of the game prep by his assistant coaches).

So who will replace Rehnquist? It remains to be seen, but my money is on President Bush changing John Roberts' nomination from that of Associate Justice to that of Chief Justice, with Justice Sandra Day O'Connor staying on (she hasn't resigned yet) until another nominee, perhaps Janice Rogers Brown, is confirmed.

For several reasons, it would be reasonable for President Bush to move Roberts from Associate Justice nominee to Chief Justice nominee. First, it would be unusual for President Bush to nominate a current Associate Justice for Chief Justice: 11 of the 16 Chief Justices in U.S. history had not been Associate Justices. That may surprise some, but contrary to popular belief, both outside nominees for Chief Justice and Associate Justices nominated for Chief Justice have to be confirmed by the Senate. Chief Justice Warren Burger, for instance, was--like Roberts--serving on the U.S. Court of Appeals for the D.C. Circuit at the time of his nomination by President Nixon in 1969. Similarly, Chief Justice Earl Warren was Governor of California when President Eisenhower nominated him to become Chief Justice in 1953. Second, Roberts possesses certain characteristics that might make him both a natural successor to Rehnquist and an appealing choice for President Bush: he's a former clerk to Rehnquist, relatively young (50), conservative but not--from what we can tell--extremist, and, perhaps most importantly, a near sure bet to be confirmed.

As a nominee for Associate Justice, Rodgers, 56, would be more of a wild-card choice. Formerly an Associate Justice on the California Supreme Court, Rogers is African-American and considered ultra-conservative. Though she recently received Senate confirmation to the U.S. Court of Appeals for the District of Columbia Circuit, her philosophical views might precipitate a rough Supreme Court confirmation hearing. Moreover, her views, like those of Justice Clarence Thomas, may not be embraced by many in the African-American community. On the other hand, many expect President Bush to nominate a woman, and given the President's disastrous management of the New Orleans Hurricane Relief Effort, perhaps he will (and should) feel an extra obligation to nominate an African-American, even one that engenders a lukewarm response from the African-American community.

So I predict the new Court will be:

John Roberts (Chief Justice)
John Paul Stevens
Antonin Scalia
Anthony Kennedy
David Souter
Clarence Thomas
Ruth Bader Ginsburg
Stephen Breyer
Janice Rogers Brown (replacing Sandra Day O'Connor)

Related Post: Judge John G. Roberts and Sports Law, 7/24/05 (as featured in the Washington Times)

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