one of the great legal lights of our time

Jeb Bush

William Rehnquist on civil rights.

"It is about time the court faced the fact that white people in the South don't like the colored people," Rehnquist wrote. "It [is] not part of the judicial function to thwart public opinion except in extreme cases."

Rehnquist had bizarre ideas on what equal protection meant. During his days as an Arizona lawyer, he fought an ordinance requiring businesses to serve black people. Rehnquist even threatened to punch a man. The reason being is Rehnquist didn't take kindly to complaints that he was intimidating black voters.

Al Gore took the parts of the 2000 Florida vote count to the Supreme Court on the basis that votes for not counted in Volusia, Broward, Palm Beach, Miami-Dade, and Nassau counties. Rehnquist sided with the majorty's opinion that a recount would violate the Equal Protection Clause. I wonder if the Chief Justice has ever read the 14th amendment.

No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.

Not allowing every vote to be counted is not equal protection. That doesn't even pass the laugh test. What also isn't funny is Rehnquist's time at Stanford. Alan Dershowitz writes, "I learned from several sources who had known him as a student that he had outraged Jewish classmates by goose-stepping and heil-Hitlering with brown-shirted friends in front of a dormitory that housed the school’s few Jewish students."

John Dean called Rehnquist a reactionary conservative. That meant opposing much of the positive progressive change of the 20th century. It didn't matter if civil rights were for the good of the country. Rehnquist was going to oppose the left. Damn if certain segments of America were hurt in the process.

It's only when Republicans attack the Supreme Court did he show any sign of moderation. Rehnquist worked in the Justice Department investigation that forced Justice Abe Fortas to resign. Nixon wanted Fortas off the court. Rehnquist only believes in equal protection of the Supreme Court when he has a personal stake.

(Crossposted at Last Day of My Life)

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