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Friday, September 09, 2005
Rehnquist's Legacy
T
here is a certain irony in the news media's ubiquitous claim that judicial restraint and states' rights were central to the philosophy of William H. Rehnquist.
O
f all the opinions written by the late chief justice, none approached in practical import the one that made George W. Bush president. Yet the opinion was a demonstration of judicial activism at its zenith and, should it retain any precedential value, dealt a lethal blow to states' rights.
I
t now looks like a Category 5 hurricane is focusing its wrath on the Supreme Court building in Washington, D.C. With the passing of Chief Justice Rehnquist, this acutely regressive Bush White House will be replacing two justices on the high court with, no doubt, Scalia/Thomas clones.
T
his jurisprudential "storm" has the potential to leave a swath of devastation for our civil and constitutional liberties for the foreseeable future. The warning signs were all there on the radar last November, but a majority of voters weren't paying attention.
Posted by fm on September 09, 2005 at 12:17 AM