From: "RV Head" <4whp at home.com> To: "David Farber" <dave at farber.net>
http://writ.news.findlaw.com/hilden/20011101.html
John Dean (yes, THAT John Dean) has a new book about CJ Rehnquist's appointment as Associate Justice in 1971 and subsequent elevation to Chief Justice in 1986.
Findlaw.com published a short interview with Mr. Dean, from which the following Q&A is excerpted:
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Q: The book refers to a document in which Rehnquist defines or describes a "strict constructionist." Given the fact that President George Bush said that was what he would appoint to the Court during the 2000 presidential campaign, let me ask as a final question what you think of Rehnquist's explanation of what a strict constructionist is.
A: It is the most honest definition or description of a strict constructionist I have ever seen, and given the fact it was provided by the Chief Justice of the United States, a jurist who considers himself a strict constuctionist, I don't believe anyone can ignore it. However, I think that if the president ever appoints a strict constuctionist as defined by Rehnquist, he should be tarred and feathered by the media. And I think anyone who is aware of the Chief Justice's explanation and who has any sense of decency would agree.
The Rehnquist definition was in a memo he sent to the White House when he was an Assistant Attorney General in charge of the Office of Legal Counsel and was vetting Judge Clement Haynsworth. It is quite remarkable, but he asserts that a strict constructionist judge is one who favors criminal prosecutors over criminal defendants, and civil rights defendants over civil rights plaintiffs. It is, for me, a description of a person who should be automatically disqualified from sitting on any court. Under Rehnquist's definition a strict constructionist is obviously a biased judge as well.
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