Justice Rehnquist: Firm Ways, Witty Means

Throughout the speculation that preceded President Reagan’s selection of Sandra Day O’Connor for the Supreme Court last week, the prediction most often heard was that, regardless of gender, Mr. Reagan was looking for “another Rehnquist.” Despite similarities in origins and education – both Judge O’Connor and Justice Rehnquist practiced law in Arizona and were classmates at Stanford law school – it is too early to tell if that is what the President has found. But there is little doubt as to what “another Rehnquist” means.
William H. Rehnquist is a symbol. People who have trouble naming all nine Supreme Court Justices quickly identify him as its doctrinaire, right-wing anchor, the very model of a Reagan appointment. In many respects, the image is not far off the mark. After nine and a half years, Justice Rehnquist is the Court’s most predictably conservative member, using his considerable intelligence, energy and verbal facility to shape the law to his vision of the proper relationship between the states and Washington, legislatures and judges, citizens and government. In one respect, however, the image is inaccurate. President Reagan said he wants Justices who “interpret” rather than “make” law. But as one of the Court’s creative users – some say abusers – of precedent, Justice Rehnquist has done more than his share of “law-making,” in the sense of leading the Court into new areas of doctrine.
Unlike Judge O’Connor, William Rehnquist was a known quantity at the moment President