Rehnquist’s Legacy
Chief Justice William Rehnquist was eulogized as a gentlemanly steward of dignified deliberative process and a thoughtful advocate of rebalancing federal and state powers. I did not hear one word, however, about what is likely to be seen as his true legacy.
The honorable Mr. Rehnquist presided over one of the worst decisions in the history of the US Supreme Court, Bush v. Gore. As Justice Stevens said in his dissent,
The endorsement of that position by the majority of this Court can only lend credence to the most cynical appraisal of the work of judges throughout the land. It is confidence in the men and women who administer the judicial system that is the true backbone of the rule of law. Time will one day heal the wound to that confidence that will be inflicted by today’s decision. One thing, however, is certain. Although we may never know with complete certainty the identity of the winner of this year’s Presidential election, the identity of the loser is perfectly clear. It is the Nation’s confidence in the judge as an impartial guardian of the rule of law.
Justice Stevens couldn’t have imagined that day that the decision not only would sow disrespect for the Supreme Court, but would lead to a series of disastrous events for our nation. For one thing, how many of those who have died in Iraq would be alive today were it not for our highest court’s partisan hackery on September 12, 2000?