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THE SUPREME COURT HISTORICAL Sociely Announcement of Chief Justice Burger's Retirement Takes Nation by Surprise

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THE SUPREME COURT HISTORICAL Sociely Announcement of Chief Justice Burger's Retirement Takes Nation by Surprise THE SUPREME COURT HISTORICAL SOCIElY VOLUME VII NUMBER 4 Announcement of Chief Justice Burger's Retirement Takes Nation By Surprise; President Reagan Nominates Justice Rehnquist to Fill Center Chair Associate Justice William H. Rehnquist Chief Justice Warren E. Burger After fourteen years on the Supreme Court as Associate Jus­ On Thesday, June 17, 1986, President Ronald Reagan took tice, William H. Rehnquist was nominated by President Rea­ the nation by surprise, calling a 2:00 PM press conference to gan to be the Chief Justice of the high bench upon the retire­ announce several pending changes on the Supreme Court ment of Chief Justice Burger. bench. Chief Justice Warren Burger would be resigning said the Born October 1, 1924 in Milwaukee, Wisconsin to William President. Associate Justice William H. Rehnquist would be and Margery Rehnquist, the future Justice served in the U.S. nominated to replace his colleague, Chief Justice Burger, in the Army Air Corps from 1943 to 1946 during World War II. Mr. Court's center chair. And, Judge Antonin Scalia of the U.S. Rehnquist was discharged with the rank of sergeant and at- Court of Appeals for the District of Columbia Circuit would be - continued on page three - continued on page twelve Judge Antonin Scalia Nominated to Succeed Associate Justice Rehnquist Society Adds to Its Portrait Collection Culminating a quarter century-long legal career which in­ The Society has recently added two new portraits of former cluded six years in private practice with a large Ohio firm, gov­ Justices to its collection for display in the Supreme Court ernment service during two presidents' administrations, ten Building. The new portraits are of former Justices Arthur years of teaching at top laws schools, and four years as a judge Goldberg and Abe Fortas. on one of the most important courts in the nation, Antonin Thesday, July 9, 1985, a brief, private ceremony was held for Scalia has now been nominated by President Reagan to be an the unveiling of former Associate Justice Goldberg's portrait. Associate Justice on the Supreme Court. The event was attended by Justice Goldberg, Chief Justice Born March 11, 1936 to Sicilian immigrant parents in Tren­ Warren E. Burger, several of the Justices, as well as personal ton, New Jersey, Antonin Scalia's biography reads like a classic guests of Justice Goldberg. Senator Edward Kennedy made a American success story. As in many American immigrant fam­ short appearance and brief speech. ilies, education was held in high regard by the Scalia family. The The portrait was painted by Lucien LeBreton of New York parents of Antonin Scalia were both teachers - his mother a City, and is a three-quarter length portrait. It was commis­ grade school teacher and his father a professor of Italian liter­ sioned and paid for by The American Judges Association, ature. After graduating from the Jesuit St. Francis Xavier High which donated the portrait to the Society for display in the . School in Manhattan where, according to recent press ac­ Supreme Court building. Associate Justice Goldberg served on Following the unveiling of the Fortas portrait, Chief Justice Burger posed with Mrs. Carolyn Agger Fortas and the artist, counts, Mr. Scalia demonstrated academic promise, he went on the Court from October 1, 1962 until July 25, 1965. The portrait George Augusta. to attend the University of Fribourg, Switzerland and, in 1957, is currently on display in the exhibit area on the ground floor of graduated summa cum laude from Georgetown University, the Court building. with an A.B., and as valedictorian of his class. From George­ The June 30th unveiling ofthe portrait of Associate Justice town, Mr. Scalia went to the Harvard Law School where, in Abe Fortas marked the culmination of a successful fund-rais­ 1959-60, he served on the law review as note editor. Taking his ing effort coordinated by the Supreme Court Historical So­ law degree in 1960, magna cum laude, Mr. Scalia was appointed ciety. Contributions from Carolyn Agger Fortas, former law a Sheldon Fellow by Harvard University for the 1960-61 aca­ clerks of Justice Fortas, Society Board member David Lloyd demic year. Kreeger, and others made it possible for George Augusta to be At the beginning of that academic year, on September 10, Mr. commissioned to do the well-received Fortas portrait. Scalia was married to Maureen McCarthy. The Scalias now The ceremonial unveiling ofthe portrait by the Chief Justice have nine children ranging in age from the eldest, Ann (For­ Burger took place in the East Conference Room of the Su­ rest), 24, to the youngest, Margaret Jane, age 5. Judge Antonin Scalia preme Court, followed by remarks given by the Chief Justice Over the next ten years, Mr. Scalia was admitted to the bars and by David Lloyd Kreeger who represented the Society on of two states: Ohio in 1961 and Virginia in 1970. From 1961 to get beyond racism, we must first take account of race." (Wash­ the occasion. A small, private reception followed in the East 1967, Mr. Scalia practiced law as an associate with the ington University Law Quarterly 147), also has been cited in Conference Room with members of the Court, Mrs. Fortas and Cleveland firm of Jones, Day, Cockley and Reavis. Following recent press accounts. other invited guests in attendance. Justice and Mrs. Goldberg stand next to the Justice's portrait this period as a private attorney, Mr. Scalia began what would Mr. Scalia's tenure in Washington was interrupted in 1977 The portrait of Justice Fortas, who served on the Supreme in the Court's East Conference Room. be a long attachment to teaching by joining the law school fac­ when he left to teach at the University of Chicago until 1983, Court from October 4, 1965 to May 14, 1969, will be displayed in ulty at the University of Virginia for seven years, first, as asso­ during which time he took leave to teach as a Visiting Professor the lower exhibition hall near the Potter Stewart portrait, Rehnquist (continued from page one) ciate professor and then, as of 1970, as a full professor. Taking at Stanford. On August 17, 1982, President Reagan appointed which was dedicated last year. tended Stanford University on the GI Bill, graduating with a leave from Virginia, 1971-1974, Mr. Scalia commenced his six Mr. Scalia to the United States Court of Appeals for the Dis­ B.A. and an M.A., Phi Beta Kappa, in 1948. years of government service as General Counsel in the Office of trict of Columbia Circuit. From Stanford, Mr. Rehnquist went to Harvard University Thlecommunications Policy under President Nixon, from Judge Scalia's articles and opinions from the bench reveal a where he received an M.A. in 1950. He then returned to Stan­ March 1971 to September 1972, and then as Chairman of the strong intellect which clearly reasons his view ofthe Constitu­ ford to study law. A fellow law student of Mr. Rehnquist at Administrative Conference of the United States until August of tion. He is also well-known for having developed an expertise in Stanford was Sandra Day O'Connor. Taking his law degree in 1974. From the Administrative Conference, Mr. Scalia moved to administrative law. As a member ofthe American Bar Associa­ 1952, and inducted into the Order of the Coif, Mr. Rehnquist the Department of Justice to serve, until January 1977, as As­ tion, Judge Scalia served as Chairman of the ABA's Section of was admitted to practice law the following year. sistant Attorney General in the Office of Legal Counsel under Administrative Law during 1981-82. His membership in the From law school, Mr. Rehnquist came to Washington, D. C. to President Ford, a position which J ustice Rehnquist had held Administrative Conference ofthe U.S. and on the Board ofDi­ serve as a law clerk to Justice Robert H. Jackson during the from 1969 to 1971. rectors ofthe Center for Administrative Justice also reflect this THE SUPREME COURT 1952-53 term. In August of 1953, William Rehnquist was mar­ Mr. Scalia returned to academia in 1977 as Visiting Professor long-standing interest of Judge Scalia. HISTORICAL SOCIETY ried to Natalie Cornell. They have three children, James,Janet at the Georgetown University Law School; during the same In his paper entitled "Historical Anomalies in Admin­ and Nancy. The Rehnquists moved to Phoenix, Arizona where year, Mr. Scalia was also a Visiting Scholar at the American istrative Law," delivered by Judge Scalia at The Supreme Court he was in a private practice for the sixteen years from 1953 to Enterprise Institute where he has been the editor and a regular Historical Society's 1985 Annual Lecture (printed in the So­ {@uartcrIt! 1969. During that time, the primary focus of his practice was in contributor to AEI's publication, Regulation, and a member of ciety's 1985 Yearbook), he argued that the "irrational" develop­ Published four times yearly, in Spring, Summer, Fall, and the area of civil litigation. While living in Phoenix, Mr. Rehn­ the Advisory Council for that organization's Legal Policy Stud­ ment of the doctrine of sovereign immunity and independent Winter by the Supreme Court Historical Society, 111 Second Quist was active in professional, civic and church affairs. ies Program. regulatory agency law demonstrate that reliance upon the Street, N.E., Washington, DC 20002. Tel.: (202) 543-0400. Mr. Rehnquist's years of government service began with his Throughout the 1970s, articles written by Mr. Scalia were most recent precedent in law is inadequate to understanding ..Distributed to members of the Society, law libraries, in­ appointment by President Nixon in 1969 as Assistant Attorney being published in a number of law reviews and journals the law.
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