We've mourned the recent passing of one clown - Bob Denver. We have
overlooked another, somewhat historically less significant clown -
William H. Rehnquist.
I've been hearing a lot of nonsense about this minor comedian on the
news lately. In the spirit of fairness and balance, I let Richard M.
Nixon and Mike Whitney speak about Rehnquist.
First, Nixon:
'Who the hell is that clown?" President Richard M. Nixon asked an aide
after a White House meeting on July 1, 1971. He was referring to an
assistant attorney general wearing Hush Puppies and a pink shirt that
clashed with a psychedelic tie. "Is he Jewish?" Nixon went on. "He
looks it. That's a hell of a costume he's wearing, just like a clown."
The president was told the man was William H. Rehnquist.
The name didn't stick. On July 24, Nixon referred to him as
"Renchburg." On October 5, Sen. Barry Goldwater, in a telephone
conversation with Nixon, brought up a "young fellow in the Justice
Department. You know I can't think of his name. Oh, God, his name
slips me." Then it came to him: "Ah, Bill Rensler." "Oh," responded
Nixon, "I know Rensler well, an excellent man." At that moment, the
president had no idea that 16 days later he would be naming
"Renchburg" or "Rensler" to the U.S. Supreme Court.
***
Closing with the words of Mike Whitney:
September 6, 2005
Why Rehnquist Shouldn't be Buried on American Soil
The Death of a Partisan Chief Justice
By MIKE WHITNEY
"He was a man of character and dedication. His departure represents a
great loss for the court and for our country."
George W. Bush on hearing of the death of Supreme Court Justice
William Rehnquist
Let's not wring out the tears for William Rehnquist. The man was the
worst chief justice to ever serve on the Supreme Court; a complete
failure who disgraced his office and the people he was supposed to
serve. Never in the 200 year history of the nation has the high court
sustained more damage under the stewardship of one man.
Rehnquist's partisan handiwork rigged the 2000 election and set the
country in a downward spiral to ruin. He cobbled together the
coalition of rogue-jurists who stripped the Florida Supreme Court of
their constitutionally-guaranteed right to decide the outcome of state
elections and overturned the fundamental principle of democratic
government; the right to have one's vote counted.
Rehnquist invoked the 14th amendment; the "equal protection" clause to
elevate his friend George W. Bush to president. Prior to that, the
amendment had never even been used in cases other than racial
discrimination. Legal scholars and attorneys alike scoffed at the
shaky reasoning that held the case together. It was a complete
travesty that both Republicans and Democrats disdained. Rehnquist
abandoned every principle of judicial impartiality to shoehorn a
derelict-Texan into the Oval Office and to uphold his standing as a
charter member of the ruling class.
Look at the results.
Look what happens when the will of the people is brazenly ignored to
execute an elite agenda.
Iraq, the Cheney Energy papers, 9-11, Enron, Valerie Plame, Abu
Ghraib, Falluja, Guantanamo; the long litany of Bush-crimes should be
inscribed on Rehnquist's headstone next to the number of casualties
produced by his partisan blunder.
Rehnquist was an ardent class-warrior from his earliest days on the
court. He strongly opposed gay rights, abortion, gun control and
affirmative action, but was a staunch proponent of the death penalty.
This tells us that his sense of justice was shaped by his belief in
punishment, not mercy. Although Rehnquist would zealously defend the
right of the state to exterminate its own citizens, he vacillated on
even most basic rights of the individual.
In case after case, the Rehnquist Court bowed to the authority of the
president; allowing Bush to detain foreign nationals without formally
charging them with a crime and permitting the incarceration of "enemy
combatants" indefinitely at Guantanamo Bay subject to a review by
hand-picked military tribunals.
Rehnquist has repeatedly dodged the Jose Padilla case to allow the
president the tyrannical power of imprisoning an American citizen
without honoring habeas corpus, due process, or the presumption of
innocence. His evasion has upended the fundamental principle of
"inalienable rights", the cornerstone of the Constitution, and
condemned an innocent man to 3 and half years in solitary confinement.
Padilla has never been charged with a crime. It is a disgrace that
should enrage every American.
Justice John Paul Stevens' summarized the feelings of most Americans
who reject the idea that citizens can be stripped of their rights
according to presidential edict. He said, the results of the Padilla
case pose "a unique and unprecedented threat to the freedom of every
American citizen... At stake is nothing less than the essence of a
free society... For if this Nation is to remain true to the ideals
symbolized by its flag, it must not wield the tools of tyrants even to
resist an assault by the forces of tyranny."
Rehnquist had every opportunity to watch Bush's dismal war on terror.
He knew that the "forces of tyranny" had been greatly exaggerated to
carry out a global-militaristic strategy. Never the less, he
consistently chose to bolster the powers of the executive rather than
defend the basic rights of the citizen.
Rehnquist fancied himself a "strict constructionist"; a judge who
simply applied the constitution according to its literal meaning. As
it turns out, he was entirely unwilling to defend any part of the Bill
of Rights (excluding the revered 2nd amendment) and significantly
eroded the institution he was supposed to preserve.
Forget the state ceremonies for the deceased Chief Justice. Just put a
crease in the soil at Potter's field and kick a few leaves over the
hardening carcass.
If it was up to me, Rehnquist would never be buried on American soil.
The man betrayed his country and his name should be struck from the
history books.
He did nothing to shore up civil liberties or to preserve the
constitution. His tenure at the high court merely paved the way for
the Imperial Presidency and the further savaging of the rule of law.
Let Bush and his ilk sing Rehnquist's praises. What difference does it
make? The man was a miserable American and a dead-loss as a chief
justice.
Mike Whitney lives in Washington state. He can be reached at:
fergiewhitney@msn.com
***
A friend objected to the idea of striking him from the history books.
We should remember, and avoid repeating this sorry chapter in the
history of "justice"
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