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Remembering Justice Rehnquist
  Court TV's Fred Graham looks at the chief justice's legacy
Sept. 6, 2005
 

Court TV Host: Welcome, Fred, thanks for being our guest online.

Fred Graham: It's a mixture of a sad day and an interesting day.

Question from allaboard: What will Rehnquist's legacy be? Did he really bring the Court to the right?

Fred Graham: Yes, but not as far as he had wished. He strengthened the hand of the police. He made executions faster. He approved school vouchers. And he had some success in limiting the federal government's power. I'm sure his main regret would be that he failed limit the federal government's power as much as he had hoped.

Court TV Host: Did you know him personally? What was he like?

Fred Graham: Rehnquist had the look of a professorial intellectual, but he was actually a "man's man." He played a good game of tennis until his back gave out. He was a good poker player, and he enjoyed an occasional martini. Much of his success as chief justice followed from his easygoing, courteous demeanor.

Question from customizer: If Roberts succeeds Rehnquist, do you think he will have the same view of the death penalty?

Fred Graham: Roberts seems to be very similar to Rehnquist in his beliefs. As a young man, he clerked for Rehnquist and seems to have been very taken with his conservative views. Roberts will probably be on the court for decades, so obviously his views will change, but right now, they seem to resemble Rehnquist's closely.

Question from pdiddly: How will Roberts be different from Rehnquist?

Fred Graham: The issues will be different. There will be such issues as the right to die, privacy in a computer age, gay marriage, the war on terror, and inevitably abortion. So there will be new issues, and new responses to them.

Question from Julie-NH: FRED....Do you think the Roe v. Wade will be eaten away at? I mean a lot of folks seem to find this a potential problem.....what are your thoughts about this?

Fred Graham: Roe v. Wade has already been eaten away at. That process may continue to a slight degree, but I do not believe that anytime soon Roe v. Wade will be overturned.

Question from greenacres: Do you think the White House will have a real surprise in store for the next nominee?

Fred Graham: People are telling us here in Washington that the White House is using the same short list that they used when they picked John Roberts. So if the nominee is from that list, it will not be a huge surprise.

Court TV Host: How long do you think that Sandra Day O'Connor will continue to serve on the Court, now that the process for her successor is starting over?

Fred Graham: She may decide not to complicate things at the court, but to let the justices operate for a few weeks with only eight members (assuming Roberts has become Chief Justice). She may never sit behind the bench again.

Court TV Host: Any closing thoughts?

Fred Graham: This is the first time in our history a person nominated to be an associate justice has been promoted to the chief justice spot right away -- John Roberts is a very fortunate man, that William Rehnquist didn't live one more week, because if he had, Roberts would be well on his way to becoming an associate justice, with no chance at becoming chief justice.

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