# William Rehnquist *American jurist; 16th chief justice of the United States (1986–2005)* William Hubbs Rehnquist (October 1, 1924 – September 3, 2005) sat on the Supreme Court of the United States for more than three decades. He was an associate justice from 1972 to 1986 and the 16th chief justice from 1986 until his death in office in 2005.[^1] His Wikipedia biography calls him a staunch conservative whose view of federalism stressed the Tenth Amendment's reservation of powers to the states.[^1] On June 17, 1986, President Ronald Reagan announced Rehnquist's nomination as chief justice and Antonin Scalia's nomination to the associate seat Rehnquist would vacate.[^2] The two were sworn in on September 26, 1986, which ended the Burger Court and began the Rehnquist Court.[^3] Neither confirmation was unanimous. President Richard Nixon nominated Rehnquist in October 1971 to succeed John Marshall Harlan II. On December 10, 1971, the [[United States Senate]] first voted 52–42 against a cloture motion and then confirmed him 68–26.[^4] The Senate confirmed his elevation to chief justice on September 17, 1986, by 65–33. Forty-nine Republicans and 16 Democrats voted yes; 31 Democrats and two Republicans voted no.[^5][^6] Both the 1971 and 1986 hearings examined a 1952 memorandum he wrote as a law clerk defending the separate-but-equal doctrine. Rehnquist testified that the memorandum reflected Justice [[Robert H. Jackson]]'s views.[^7] Several people also alleged that he had taken part in Operation Eagle Eye. His Wikipedia biography describes it as an early-1960s [[Republican Party (United States)]] operation in Arizona to challenge minority voters. Rehnquist denied the charges.[^8] ## Early life and education Rehnquist was born William Donald Rehnquist on October 1, 1924, and was raised in Shorewood, a Milwaukee suburb.[^9] While at Shorewood High School, from which he graduated in 1942, he changed his middle name to Hubbs.[^9] He spent one quarter at Kenyon College in fall 1942. He then enlisted in the U.S. Army Air Forces and served from 1943 to 1946, ending as a weather observer in North Africa. He was honorably discharged as a sergeant.[^9] Using the G.I. Bill, he enrolled at Stanford University. In 1948 he received bachelor's and master's degrees in political science there.[^9] ## Law clerk at the Supreme Court From 1952 to 1953 Rehnquist clerked for Justice Robert H. Jackson.[^7] During that time, while the Court had *Brown v. Board of Education* (decided 1954) before it, he wrote a memorandum titled *A Random Thought on the Segregation Cases* that argued for the separate-but-equal doctrine. The memorandum included the line "I think Plessy v. Ferguson was right and should be reaffirmed."[^7] At his 1971 and 1986 hearings he testified that the memo was prepared "as a statement of Justice Jackson's tentative views for his own use."[^7] Elsie Douglas, Jackson's longtime secretary, disputed that account at the 1986 hearings, stating that "Justice Jackson did not ask law clerks to express his views."[^7] According to his Wikipedia biography, the papers of Justices Douglas and Frankfurter indicate that Jackson voted for *Brown* in 1954 only after changing his mind.[^7] ## Private practice From 1953 to 1969 Rehnquist practiced law in [[Phoenix]], Arizona. He began at the firm of Denison Kitchel.[^8] Kitchel later became national manager of Barry Goldwater's 1964 presidential campaign. Rehnquist was active in the Republican Party and advised that campaign on legal matters under Kitchel.[^8] Rehnquist denied the Operation Eagle Eye allegations raised at both of his hearings. Vincent Maggiore, then chairman of the Phoenix-area [[Democratic Party (United States)]], said he had never heard negative reports about Rehnquist's Election Day activities.[^8] ## Justice Department In 1969 Nixon appointed Rehnquist head of the Office of Legal Counsel as an assistant attorney general. He held the post until 1971 and served as chief lawyer to Attorney General John Mitchell.[^1][^10] Nixon wanted a Justice Department inquiry into Justice [[Abe Fortas]], who had accepted $20,000 from financier Louis Wolfson while Wolfson was under Securities and Exchange Commission investigation.[^10] Rehnquist sent Mitchell a memo arguing that such an investigation would not violate the separation of powers. He then argued that the Department could investigate Fortas on the inference that Fortas had intervened in Wolfson's prosecution. Former White House Counsel John W. Dean has said that inference was untrue.[^10] Fortas resigned after Mitchell's investigation.[^10] ## Associate Justice Nixon nominated Rehnquist on October 21, 1971.[^4] The Senate Judiciary Committee held hearings in early November 1971. Topics included school desegregation, racial discrimination in voting, presidential power and the Vietnam War. On November 23 the committee voted 12–4 to send the nomination forward with a favorable recommendation.[^4] On December 10 the Senate voted 52–42 against cloture and 22–70 against postponing consideration to July 18, 1972. Later that day it confirmed him 68–26.[^4] He took the judicial oath on January 7, 1972, the same day [[Lewis F. Powell Jr.]] took office to replace [[Hugo Black]].[^4] His Wikipedia biography says he quickly became Nixon's most conservative appointee. It describes him as taking a narrow view of the Fourteenth Amendment and a broad view of state power.[^4] ## Chief Justice After Burger's retirement announcement, Reagan named Rehnquist on June 17, 1986.[^2] The nomination reached the Senate Judiciary Committee on July 20, 1986. It was the first chief-justice confirmation hearing carried gavel-to-gavel on television.[^5] Senator [[Ted Kennedy]] questioned Rehnquist about property he had owned, without knowing it, that carried a restrictive covenant against sale to Jews. Kennedy, together with Senators Joe Biden and Howard Metzenbaum, called him "insensitive to minorities and women's rights while on the court."[^5] Rehnquist was also criticized for his membership in the Alfalfa Club, which at the time excluded women.[^5] On August 14 the committee voted 13–5 for a favorable report.[^5] The Senate invoked cloture 68–31 and confirmed him on September 17, 1986, by 65–33.[^5][^6] He took office on September 26, 1986, when the Rehnquist Court began.[^3][^5] [[Thurgood Marshall]] later called him "a great chief justice".[^5] ## Personal health Files from the FBI's background investigation before his 1986 nomination were released under a Freedom of Information Act request after his death. They show that he had for a time been addicted to Placidyl, an insomnia drug.[^11] A Capitol physician prescribed it to him from 1972 to 1981 in doses above recommended limits. The FBI report concluded that he was already taking it by 1970.[^11] On December 27, 1981, he entered George Washington University Hospital for back pain and Placidyl dependency and underwent a monthlong detoxification.[^11] According to the article, colleagues have not suggested the dependency affected his work beyond his speech.[^11] ## Failing health and death In October 2004 the Supreme Court press office announced that Rehnquist had thyroid cancer.[^12] He administered the oath at President George W. Bush's second inauguration on January 20, 2005. He missed 44 oral arguments and returned to the bench on March 21, 2005.[^12] He died at his home in Arlington, Virginia, on September 3, 2005, aged 80. He was the first justice to die in office since Jackson in 1954 and the first chief justice since [[Fred M. Vinson]] in 1953. He was also the last serving Nixon appointee.[^12] His casket was placed on the catafalque that had borne [[Abraham Lincoln]]'s.[^12] ## Replacement as Chief Justice On September 5, 2005, Bush withdrew [[John Roberts]]'s nomination for Justice O'Connor's seat and nominated him for chief justice. Roberts had clerked for Rehnquist in 1980–1981. He was confirmed and sworn in on September 29, 2005.[^13] O'Connor remained on the Court until [[Samuel Alito]] was sworn in on January 31, 2006.[^13] ## Legacy In *The Partisan: The Life of William Rehnquist*, biographer John A. Jenkins notes that Rehnquist protested *Brown* as a private citizen. Jenkins also writes that as a justice he consistently ruled against racial minorities in [[Affirmative action]] cases.[^14] Jeffrey Rosen, by contrast, argues that Rehnquist's "tactical flexibility was more effective than the rigid purity of Scalia and Thomas."[^14] ## In the Minnesota record ### Who - Ronald Reagan nominated Rehnquist as chief justice and Scalia for Rehnquist's seat.[^2] - Rehnquist succeeded Warren Burger, whose Court ended with the September 26, 1986 swearing-in.[^3] ### When - June 17, 1986: Reagan nominates Rehnquist as chief justice and Scalia for Rehnquist's seat.[^2] - September 17, 1986: The Senate confirms Rehnquist as chief justice, 65–33.[^6] - September 26, 1986: Rehnquist and Scalia are sworn in; the Burger Court ends and the Rehnquist Court begins.[^3] ### Where - The September 17, 1986 confirmation took place in Washington, D.C.[^6] ## Notes [^1]: Wikipedia, *William Rehnquist* (rev. 1380712375, retrieved 2026-10-26), lead section — dates of life and service; Nixon's 1969 appointment to the Office of Legal Counsel; "staunch conservative" characterization. https://en.wikipedia.org/wiki/William_Rehnquist [^2]: The American Presidency Project, *Remarks on the Resignation of Supreme Court Chief Justice Warren E. Burger* (June 17, 1986) — Reagan nominates Rehnquist as chief justice and Scalia for Rehnquist's seat. https://www.presidency.ucsb.edu/documents/remarks-the-resignation-supreme-court-chief-justice-warren-e-bur [^3]: Wikipedia, *Rehnquist Court* — Rehnquist and Scalia sworn in September 26, 1986; Burger Court ends and Rehnquist Court begins. https://en.wikipedia.org/wiki/Rehnquist_Court [^4]: Wikipedia, *William Rehnquist*, "Associate Justice" — October 21, 1971 nomination; 12–4 committee vote; 52–42, 22–70 and 68–26 Senate votes of December 10, 1971; January 7, 1972 oath. https://en.wikipedia.org/wiki/William_Rehnquist [^5]: Wikipedia, *William Rehnquist*, "Chief Justice" — July 20, 1986 referral; hearing; 13–5 committee vote; 68–31 cloture and 65–33 confirmation with party breakdown; September 26 start. https://en.wikipedia.org/wiki/William_Rehnquist [^6]: Minnesota Time Table row TL-0492 (Sept. 17, 1986) — Senate confirms Rehnquist as Chief Justice 65–33, Washington, D.C. https://en.wikipedia.org/wiki/William_Rehnquist [^7]: Wikipedia, *William Rehnquist*, "Law clerk at the Supreme Court" — Jackson clerkship; 1952 memorandum; hearing testimony; Elsie Douglas statement. https://en.wikipedia.org/wiki/William_Rehnquist [^8]: Wikipedia, *William Rehnquist*, "Private practice" — Phoenix practice 1953–1969; Kitchel and Goldwater campaign; Operation Eagle Eye allegations and denial; Maggiore statement. https://en.wikipedia.org/wiki/William_Rehnquist [^9]: Wikipedia, *William Rehnquist*, "Early life and education" — birth, name change, military service, Stanford degrees. https://en.wikipedia.org/wiki/William_Rehnquist [^10]: Wikipedia, *William Rehnquist*, "Justice Department" — Office of Legal Counsel 1969–1971; Fortas memo and resignation. https://en.wikipedia.org/wiki/William_Rehnquist [^11]: Wikipedia, *William Rehnquist*, "Personal health" — FBI files on Placidyl dependency; December 27, 1981 hospitalization. https://en.wikipedia.org/wiki/William_Rehnquist [^12]: Wikipedia, *William Rehnquist*, "Failing health and death" — 2004 cancer announcement; 2005 inauguration oath; 44 missed arguments; death September 3, 2005. https://en.wikipedia.org/wiki/William_Rehnquist [^13]: Wikipedia, *William Rehnquist*, "Replacement as Chief Justice" — Roberts nomination September 5 and swearing-in September 29, 2005; Alito sworn in January 31, 2006. https://en.wikipedia.org/wiki/William_Rehnquist [^14]: Wikipedia, *William Rehnquist*, "Legacy" — Jenkins and Rosen assessments. https://en.wikipedia.org/wiki/William_Rehnquist