William Rehnquist, chief justice of the United States Supreme Court, offered a unique perspective on the responsibilities of the justices last Friday when he presented an address at the Law School as part of the Henry J. Abraham Distinguished Lectureship Series.
The lecture, held in Caplin Auditorium, detailed the history of extra-judicial activities of Supreme Court justices and culminated with Rehnquist offering a synopsis of his own opinions.
"You provided great insights," said Law Prof. Robert M. O'Neil, head of the Thomas Jefferson Center for the Protection of Free Expression, a sponsor of the lecture. "You have a unique sense of the Court as an institution and of the people who serve it."
Rehnquist discussed several historical examples of members of the high court acting in capacities outside their constitutionally-mandated jurisdiction. Points of interest included electoral review in 1876, investigation of military error leading to the attack on Pearl Harbor, the Warren Commission, which reviewed the assassination of President John F. Kennedy, as well as participation in the post-World War II Nuremberg trials.
While most of the events incurred heavy criticism of the court for overstepping its bounds, Rehnquist concluded that in many cases, justices' behavior was justified as it prevented more serious political tumult and armed conflict in the United States.
"As Abraham Lincoln said, 'shall I save the Constitution or the nation?'" said Rehnquist, in consideration of the Court's actions in situations such as the electoral review of 1876, when it effectively voted to elect President Rutherford B. Hayes. "I believe they did the right thing."
Despite the Court's controversial upcoming decision concerning race-conscious admissions, Rehnquist did not touch upon current events in his lecture.
A group of about 20 protestors demonstrated outside the auditorium, chanting "affirmative action is our right," and "Rehnquist says Jim Crow, we say hell no."
Rehnquist has come under fire throughout his career for decisively conservative opinions, including opposition to Brown v. Board of Education and Roe v. Wade.
Friday's visit was one of several Rehnquist has made to the University during his term as a Supreme Court justice.
"This institution has adopted him and he has adopted this institution," O'Neil said. "We are very privileged."
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