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OfflineMadtowntripper
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The Truth About Rehnquist
    #4625715 - 09/06/05 03:20 PM (11 years, 3 months ago)

http://news.yahoo.com/s/huffpost/2005090...HNlYwMlJVRPUCUl

My mother always told me that when a person dies, one should not say anything bad about him. My mother was wrong. History requires truth, not puffery or silence, especially about powerful governmental figures. And obituaries are a first draft of history. So here?s the truth about Chief Justice Rehnquist you won?t hear on Fox News or from politicians. Chief Justice William Rehnquist set back liberty, equality, and human rights perhaps more than any American judge of this generation. His rise to power speaks volumes about the current state of American values.

Let?s begin at the beginning. Rehnquist bragged about being first in his class at Stanford Law School. Today Stanford is a great law school with a diverse student body, but in the late 1940s and early 1950s, it discriminated against Jews and other minorities, both in the admission of students and in the selection of faculty. Justice Stephen Breyer recalled an earlier period of Stanford?s history: ?When my father was at Stanford, he could not join any of the social organizations because he was Jewish, and those organizations, at that time, did not accept Jews.? Rehnquist not only benefited in his class ranking from this discrimination; he was also part of that bigotry. When he was nominated to be an associate justice in 1971, 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. He also was infamous for telling racist and anti-Semitic jokes.

As a law clerk, Rehnquist wrote a memorandum for Justice Jackson while the court was considering several school desegregation cases, including Brown v. Board of Education. Rehnquist?s memo, entitled ?A Random Thought on the Segregation Cases,? defended the separate-but-equal doctrine embodied in the 1896 Supreme Court case of Plessy v. Ferguson. Rehnquist concluded the Plessy ?was right and should be reaffirmed.? When questioned about the memos by the Senate Judiciary Committee in both 1971 and 1986, Rehnquist blamed his defense of segregation on the dead Justice, stating ? under oath ? that his memo was meant to reflect the views of Justice Jackson. But Justice Jackson voted in Brown, along with a unanimous Court, to strike down school segregation. According to historian Mark Tushnet, Justice Jackson?s longtime legal secretary called Rehnquist?s Senate testimony an attempt to ?smear[] the reputation of a great justice.? Rehnquist later admitted to defending Plessy in arguments with fellow law clerks. He did not acknowledge that he committed perjury in front of the Judiciary Committee to get his job.

The young Rehnquist began his legal career as a Republican functionary by obstructing African-American and Hispanic voting at Phoenix polling locations (?Operation Eagle Eye?). As Richard Cohen of The Washington Post wrote, ?[H]e helped challenge the voting qualifications of Arizona blacks and Hispanics. He was entitled to do so. But even if he did not personally harass potential voters, as witnesses allege, he clearly was a brass-knuckle partisan, someone who would deny the ballot to fellow citizens for trivial political reasons -- and who made his selection on the basis of race or ethnicity.? In a word, he started out his political career as a Republican thug.

Rehnquist later bought a home in Vermont with a restrictive covenant that barred sale of the property to ''any member of the Hebrew race.?

Rehnquist?s judicial philosophy was result-oriented, activist, and authoritarian. He sometimes moderated his views for prudential or pragmatic reasons, but his vote could almost always be predicted based on who the parties were, not what the legal issues happened to be. He generally opposed the rights of gays, women, blacks, aliens, and religious minorities. He was a friend of corporations, polluters, right wing Republicans, religious fundamentalists, homophobes, and other bigots.

Rehnquist served on the Supreme Court for thirty-three years and as chief justice for nineteen. Yet no opinion comes to mind which will be remembered as brilliant, innovative, or memorable. He will be remembered not for the quality of his opinions but rather for the outcomes decided by his votes, especially Bush v. Gore, in which he accepted an Equal Protection claim that was totally inconsistent with his prior views on that clause. He will also be remembered as a Chief Justice who fought for the independence and authority of the judiciary. This is his only positive contribution to an otherwise regressive career.

Within moments of Rehnquist?s death, Fox News called and asked for my comments, presumably aware that I was a longtime critic of the late Chief Justice. After making several of these points to Alan Colmes (who was supposed to be interviewing me), Sean Hannity intruded, and when he didn?t like my answers, he cut me off and terminated the interview. Only after I was off the air and could not respond did the attack against me begin, which is typical of Hannity?s bullying ambush style. He is afraid to attack when there?s someone there to respond. Since the interview, I?ve received dozens of e-mail hate messages, some of which are overtly anti-Semitic. One writer called me ?a jew prick that takes it in the a** from ruth ginzburg [sic].? Another said I am ?an ignorant socialist left-wing political hack ?. You?re like a little Heinrich Himmler! (even the resemblance is uncanny!).? Yet another informed me that I ?personally make us all lament the defeat of the Nazis!? A more restrained viewer found me to be ?a disgrace to the Law, to Harvard, and to humanity.?

All this, for refusing to put a deceptive gloss on a man who made his career undermining the rights and liberties of American citizens.

My mother would want me to remain silent, but I think my father would have wanted me to tell the truth. My father was right.


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After one comes, through contact with it's administrators, no longer to cherish greatly the law as a remedy in abuses, then the bottle becomes a sovereign means of direct action.  If you cannot throw it at least you can always drink out of it.  - Ernest Hemingway

If it is life that you feel you are missing I can tell you where to find it.  In the law courts, in business, in government.  There is nothing occurring in the streets. Nothing but a dumbshow composed of the helpless and the impotent.    -Cormac MacCarthy

He who learns must suffer. And even in our sleep pain that cannot forget falls drop by drop upon the heart, and in our own despair, against our will, comes wisdom to us by the awful grace of God.  - Aeschylus


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Invisibleafoaf
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Re: The Truth About Rehnquist [Re: Madtowntripper]
    #4625780 - 09/06/05 03:43 PM (11 years, 3 months ago)

interesting...


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OfflineJesusChrist
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Registered: 02/19/04
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Re: The Truth About Rehnquist [Re: afoaf]
    #4625839 - 09/06/05 04:05 PM (11 years, 3 months ago)

This guy doesn't even have a firsthand account of some very serious accusations. So Stanford has a history of discrimination. Harvard probably does too, as well as any institution that has been around over 100 years. That isn't Rehnquist's fault. Does anyone who graduates Stanford today also have a stigma?

Rehnquist and his friends dressed in Brown shirts, goose stepped and did Nazi salutes at Jewish students? Not that this Jew lawyer ever actually saw it. Whoops, I meant to say not that this writer was an actual witness.

I find it hard to believe that the kid who graduated first in his class was also a hard line neo Nazi who dressed up in costume with his friends to torment Jewish students. If this is the case, those people spinning the story need to come forth and put their own names behind it. We need to know if they actually went to Stanford, and if they went there at the same time of Rehnquist. I am not buying it.

I also like the point where he claimed that his class ranking is also suspect because of the discrimination. It is not like he won some government contract because of affirmative action.




I am not a big fan of Brown vs. the Board of Education.

Segregation was wrong in my opinion, but busing destroyed community schools across the nation. It would be interesting to see exactly what the memo said.


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Tastes just like chicken


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Offlinezappaisgod
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Re: The Truth About Rehnquist [Re: JesusChrist]
    #4625900 - 09/06/05 04:18 PM (11 years, 3 months ago)

"This guy" is Alan Dershowitz, one of the biggest left-wing law professors in the country. The day anyone takes what this putz has to say about Rehnquist as "The Truth" about him is the day they should have their crayons confiscated. With prejudice.


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OfflineJesusChrist
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Re: The Truth About Rehnquist [Re: zappaisgod]
    #4625914 - 09/06/05 04:22 PM (11 years, 3 months ago)

If someone is going to make those kind of accusations after someone else has died and can't defend themselves, they at least need to print the names of the people making the claims.


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Tastes just like chicken


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Offlinelonestar2004
Live to party,work to affordit.
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Re: The Truth About Rehnquist [Re: Madtowntripper]
    #4625920 - 09/06/05 04:23 PM (11 years, 3 months ago)

"When he was nominated to be an associate justice in 1971, 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. He also was infamous for telling racist and anti-Semitic jokes. "




Bull shit!


Source???

We hear of this first after Rehnquist is dead?

BULLSHIT!





Dershowitz is a piece of shit.



I wonder what dershowitz will be remembered for???????????


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America's debt problem is a "sign of leadership failure"

We have "reckless fiscal policies"

America has a debt problem and a failure of leadership.

Americans deserve better

Barack Obama


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Invisibleafoaf
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Re: The Truth About Rehnquist [Re: lonestar2004]
    #4625928 - 09/06/05 04:25 PM (11 years, 3 months ago)

lots of whining?


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OfflineRedstorm
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Re: The Truth About Rehnquist [Re: lonestar2004]
    #4625931 - 09/06/05 04:25 PM (11 years, 3 months ago)

You would think that if Rehnquist did these things, they would have come out at the appointment hearings.


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Offlinezappaisgod
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Registered: 02/11/04
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Re: The Truth About Rehnquist [Re: Redstorm]
    #4625971 - 09/06/05 04:36 PM (11 years, 3 months ago)

You would think so wouldn't you?


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