Betsy's Page
Seven of the Supreme Court Justices released statements honoring Justice Rehnquist's memory. They are all deeply moving in the respect and liking they show for the Chief Justice. However, David Souter has, for some reason, declined to issue a statement. "A statement from Justice David Souter is not expected, the court said." I can't fathom that unless he's incommunicado somewhere. Simple courtesy and respect would dictate that he join his colleagues and issue some sort of statement. I wonder if he refused to issue a statement for other justices who have passed away like Justices Marshall, White, Blackmun, and Brennan.
And then there's Alan Dershowitz. Upon hearing the news of Rehnquist's death, he went on Fox and just let loose such despicable vitriol that I'm just amazed that he would say such ugly things the very night that Rehnquist died.
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He was much more activist. And I think the Rehnquist court was never the Rehnquist court. He moved more toward the center as he became chief justice and as he had Scalia and Thomas on his right flank and of course most of the rest of the court in the center or on his left flank. It--the decisions of Justice Rehnquist are not taught in law schools as great decisions. He'll be remembered primarily for his votes rather than for the content or quality of his decisions. And it's consistent throughout his life. He started his career by being a kind of Republican thug who pushed and shoved to keep African-American and Hispanic voters from voting.
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That last accusation has been refuted. In fact, I was just listening to Rehnquist's confirmation hearing to be Chief Justice and he was asked about it and denied it. But that's the talking point that Dershowitz wants to bring up on the night the man died. And this silly thing that he was an activist. Liberals define activism as limiting the power of the Congress to make any sort of law they like. Rehnquist had this funny idea that the interstate Commerce Clause should have something to do with commerce between the states. It's amazing how liberals have redefined the term "activist" so that they can call conservatives the true activists. So, instead of activism having the meaning of making up rights that are not explicitly in the Constitution, they use it to mean striking down any law of which they approved no matter what the Constitution says.
Not being a lawyer, I don't know whether Rehnquist's opinions aren't taught in Law School. I find that hard to believe if professors want to educate students about the current state of the Supreme Court jurisprudence. I know that, in the materials that I have used geared for high school students, his opinions and dissents are definitely quoted, but then law school professors might have a totally different agenda for their students. What do my readers who have been to law school think? I get the feeling that Rehnquist was not interested in flashy writing. From what I've read, he liked to craft as narrow an opinion as possible so that rights would not be read into his words. Maybe that is what Dershowitz despised about Rehnquist. I just think there is something remarkably classless to talk that way. Wait a few days. I'm not saying that you have to endorse de mortuis nil nisi bonum permanently, but let the animosity rest at least until the man is laid to rest in the ground.
UPDATE: one reader, Mark H., wrote in with this thought on why Souter has not issued a statement.
Perhaps he's barricaded inside his house with a 12-gauge,
fending off the Liberty Hotel people?
http://betsyspage.blogspot.com/2005/09/seven-of-supreme-court-justices.html
cnn.com
opinionjournal.com |
