Scalia will be just upholding the tradition if Bush appoints him to replace this man.
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"Justice Rehnquist is not qualified to discharge the preeminent responsibility of this office. His statements and actions throughout his career shed significant doubt on his commitment to equal justice under the law, his adherence to ethical standards, and his credibility. His record on the Supreme Court places him outside the mainstream of American jurisprudence. True, the Senate confirmed Justice Rehnquist in 1971. But, near the end of the Judiciary Committee's examination of Mr. Rehnquist in 1971, we received allegations that he had challenged minority voters in Phoenix in the early 1960's. We were unable to investigate those allegations fully then. And, after the Committee had reported Mr. Rehnquist's nomination in 1971, the infamous school segregation memo surfaced. Mr. Rehnquist denied in writing that the memo supporting school segregation stated his views, but he was never cross-examined on this issue. Based on the current record, the Senate would probably reject Mr. Rehnquist if he were before us as a first-time nominee to the Supreme Court. ... Justice Rehnquist's entire legal career shows a persistent hostility to the rights of minority citizens....Mr. Rehnquist's hostility to minorities is further shown by his actions in Phoenix, while in private practice. In the 1960's, he publicly opposed a Phoenix public accommodations ordinance, and he publicly challenged a plan to end school segregation in Phoenix, stating that "we are no more dedicated to an integrated society than a segregated society." Moreover, in the early 1960's, he led a Republican Party ballot security program designed to disenfranchise minority voters. The Committee has received sworn testimony from numerous credible witnesses that, as part of his involvement in the ballot security program, Mr. Rehnquist personally challenged the eligibility of minority voters. Justice Rehnquist has categorically denied this. But, none of these witnesses had anything to gain by misrepresenting the truth. In his 15 years on the Supreme Court, Justice Rehnquist has compiled a record of consistent opposition to individual rights in all areas--minority rights, women's rights, religious liberties, rights of the poor, rights of aliens, and rights of children....We could cite further instances where he has ruled against illegitimate children and the separation between Church and State.
" Imagine what America would be like if Justice Rehnquist's cramped and narrow view of the Constitution had prevailed in the critical years since World War II. The schools of America would still be segregated. Millions of citizens would be denied the right to vote under scandalous apportionment laws. Women would be condemned to be second class citizens....The Chief Justice of the United States must have the highest ethical standards....The applicable ABA Code of Judicial Conduct required disqualification if a judge's impartiality might reasonably be questioned because of the judge's involvement in the matter prior to his coming to the bench. The public record indicates that Assistant Attorney General Rehnquist was heavily involved in the development of the policy of surveillance of civilians by the Army. In testimony before the Ervin Committee, he made a direct statement of how he would rule, and he was involved in the development of this policy from the beginning, in 1969. Throughout all of these issues, which raise serious concerns about Justice Rehnquist's fairness and openmindedness and commitment to equal justice, runs a thread of evasiveness that casts doubt on his credibility. From the Jackson memo to the voter harassment to the Tatum case, we see a pattern of explanations by Justice Rehnquist that are contradicted by others or are misleading or do not ring true. It is not a pattern worthy of the Chief Justice of the United States....Justice Rehnquist is outside the mainstream of American constitutional law and American values, and he does not deserve confirmation." --Compiled and written by the staff of the [Senate] Republican Policy Committee, 9/17/86 |
