To flesh this out, these were the big 3 issues that stuck with me:
- Endorsing Plessy v. Ferguson in a 1952 memo that Rehnquist wrote to Justice Robert Jackson when Rehnquist was a clerk. As described in the NYT:
In 1971, Newsweek magazine revealed that in 1952, Mr. Rehnquist, then a law clerk to Justice Robert H. Jackson, prepared a memorandum called “A Random Thought on the Segregation Cases.” It was written in the first person and bore Mr. Rehnquist’s initials. It urged Justice Jackson to reject arguments made by lawyers in Brown v. Board of Education, the landmark school desegregation case, and to uphold Plessy v. Ferguson, the 1896 Supreme Court decision holding that “separate but equal” facilities were constitutional.
Mr. Rehnquist wrote, “I realize that this is an unpopular and unhumanitarian position for which I have been excoriated by ‘liberal’ colleagues, but I think Plessy v. Ferguson was right and should be re-affirmed.”
Actual memo here.
- He participated, personally, in voter registration challenges (part of Operation Eagle Eye). As described in the WP:
Four persons testified under oath yesterday that they saw Supreme Court Justice William H. Rehnquist challenging and intimidating voters in predominantly black and Hispanic precincts of Phoenix during statewide elections between 1958 and 1964.
A fifth witness, a former federal prosecutor who was sent to investigate complaints at one precinct in 1962, said unhappy voters he found when he got there pointed out Rehnquist as the Republican challenger who had been giving them problems.
“There was a long line winding around outside the polling place , made up of largely black voters,” Smith testified. He said Rehnquist approached the line, stopped in front of two black men near the end and held a white card in front of their faces. Smith said Rehnquist gave them no chance to read it.
"He said, ‘You’re not able to read, are you? You have no business being in the line. I would ask you to leave.’
- He knowingly bought a house that included a covenant that the house not be sold to any member of the “Hebrew race” WHEN HE WAS A SITTING SUPREME COURT JUSTICE.
Chief Justice-designate William H. Rehnquist was informed in writing by his attorney a decade ago that the Vermont property Rehnquist was buying contained a covenant barring its sale to any member of the “Hebrew race,” according to correspondence made public yesterday.
Rehnquist sent a copy of the 1974 letter to the Senate Judiciary Committee on Monday but continued to assert, as he did during his confirmation hearings last week, that he did not recall anything about the restrictive covenant.
Also, he dated Sandra Day O’Connor and, like a loser, proposed to her via a letter.