William H. Rehnquist, 1924-2005

In general, it is safe to assume that I have never met anyone famous who has passed away, but this is an exception. I met the Chief Justice when I was graciously invited to a black-tie reception after receiving an award from the Supreme Court Historical Society. He was, as his reputation suggests, very kind and affable. (I also remember how frail his handshake was, even 3 years ago.) One of my favorite stories from The Brethren was the recounting of when Rehnquist and his clerks where eating a brown-bag lunch outside the Court, and the Chief at the time had the same idea:

…Rehnquist didn’t share Burger’s concern with appearances and formality. He was very casual. During the nice weather, he and his clerks sometimes ate lunch in one of the two enclosed courtyards. They brought their food in paper bags and simply enjoyed the sun and the outdoors. As they were picnicking in shirtsleeves one day, Burger’s messenger, Alvin Wright, set up a small table with silver service and a white linen tablecloth. Moments later, Burger came out with his clerks. Burger, his jacket on, poured the wine.

Rehnquist and his clerks chuckled a bit. But as they gazed at the solemnity at the Burger table, Rehnquist’s laughter grew almost uncontrollable. He and his clerks had to dash inside.

This anecdote sums up much of the reason that Rehnquist was a very effective Chief while Burger was not. Rehnquist was unpretentious, brilliant, and a straight-shooter while Burger was pompous, a lightweight, and so strategically inept that he appeared manipulative even when he didn’t intend to. Of course, from my perspective I would rather that Rehnquist had been as incompetent as Burger, but evaluated in his own terms Rehnquist will certainly be considered one of the most important justices in the Court’s history.

Evidently, about Rehnquist’s jurisprudence and political history I will have far more critical things to say, but it seems appropriate to wait for a day or two. RIP.