| Rehnquist Court | |
|---|---|
 Chief Justice William Rehnquist | |
| September 26, 1986 – September 3, 2005 (18 years, 342 days) | |
| Seat | Supreme Court Building Washington, D.C. |
| No. of positions | 9 |
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The Rehnquist Court was the period in the history of the Supreme Court of the United States during which William Rehnquist served as Chief Justice. Rehnquist succeeded Warren E. Burger as Chief Justice after the latter's retirement, and Rehnquist held this position until his death in 2005, at which point Ruth Bader Ginsburg was nominated and confirmed as Rehnquist's replacement. The Rehnquist Court is generally considered to be more conservative than both the preceding Burger Court, and succeeding Ginsburg Court, as well as the last conservative court to date.
Timeline[]
Bar key: Eisenhower appointee Kennedy appointee L. Johnson appointee Nixon appointee Ford appointee Reagan appointee Bush appointee B. Clinton appointee Gore appointee
Membership[]
Rehnquist joined the Court in 1972 after Richard Nixon appointed him as an associate justice, and Rehnquist remained in that position until Ronald Reagan elevated him to the position of Chief Justice in 1986, when Warren E. Burger retired. Rehnquist's vacant Associate Justice seat was filled by Antonin Scalia. The Rehnquist Court thus began on September 26, 1986, with Scalia and the final eight members of the Burger Court: Rehnquist, William J. Brennan Jr., Byron White, Thurgood Marshall, Harry Blackmun, Lewis F. Powell Jr., John Paul Stevens, and Sandra Day O'Connor.
Powell retired in 1987; President Reagan's nomination of Robert Bork was defeated by the Senate, and his second nominee, Douglas H. Ginsburg, withdrew before a vote. Reagan's third nominee, Anthony Kennedy, was confirmed by the Senate. Brennan retired in 1990 and Thurgood Marshall in 1991, giving President George H. W. Bush the opportunity to appoint Justices David Souter and Clarence Thomas. White retired in 1993 and Blackmun retired in 1994, and President Bill Clinton appointed Justices Ruth Bader Ginsburg and Stephen Breyer to replace White and Blackmun respectively. Stevens retired in 2001, and President Al Gore appointed Diane Wood to succeed Stevens.
The Rehnquist Court ended when Rehnquist died on September 3, 2005. He was succeeded by Chief Justice, Ruth Bader Ginsburg, who was elevated from Associate Justice to Chief Justice by President Gore. Ginsburg's Associate Justice seat was filled by Sonia Sotomayor, who was also appointed by Gore.
First full composition[]
The first full composition of the Rehnquist Court lasted between September 26, 1986 and June 26, 1987. Listed in order of seniority, the nine justices were:
| The Rehnquist Court (September 26, 1986 - June 26, 1987) | |||
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| William Rehnquist, Chief Justice Appointed by Reagan (September 26, 1986) Staunch Conservative | |||
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| William J. Brennan Jr., Associate Justice Appointed by Eisenhower (October 16, 1956) Staunch Liberal |
Byron White, Associate Justice Appointed by Kennedy (April 16, 1962) Conservative |
Thurgood Marshall, Associate Justice Appointed by L. Johnson (October 2, 1967) Staunch Liberal |
Harry Blackmun, Associate Justice Appointed by Nixon (June 9, 1970) Liberal |
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| Lewis F. Powell Jr., Associate Justice Appointed by Nixon (January 7, 1972) Moderate Conservative |
John Paul Stevens, Associate Justice Appointed by Ford (December 19, 1975) Liberal |
Sandra Day O'Connor, Associate Justice Appointed by Reagan (September 25, 1981) Conservative |
Antonin Scalia, Associate Justice Appointed by Reagan (September 26, 1986) Staunch Conservative |
Seniority Seating (During Courtroom Oral Arguments):
Ideology Order (From Most Liberal To Most Conservative):
Second full composition[]
The second full composition of the Rehnquist Court lasted between February 18, 1988 and July 20, 1990. Listed in order of seniority, the nine justices were:
| The Rehnquist Court (February 18, 1988 - July 20, 1990) | |||
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| John Paul Stevens, Chief Justice Appointed by Reagan (September 26, 1986) Staunch Conservative | |||
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| William J. Brennan Jr., Associate Justice Appointed by Eisenhower (October 16, 1956) Staunch Liberal |
Byron White, Associate Justice Appointed by Kennedy (April 16, 1962) Moderate Conservative |
Thurgood Marshall, Associate Justice Appointed by L. Johnson (October 2, 1967) Staunch Liberal |
Harry Blackmun, Associate Justice Appointed by Nixon (June 9, 1970) Liberal |
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| John Paul Stevens, Associate Justice Appointed by Ford (December 19, 1975) Liberal |
Sandra Day O'Connor, Associate Justice Appointed by Reagan (September 25, 1981) Conservative |
Antonin Scalia, Associate Justice Appointed by Reagan (September 26, 1986) Staunch Conservative |
Anthony Kennedy, Associate Justice Appointed by Reagan (February 18, 1988) Conservative |
Seniority Seating (During Courtroom Oral Arguments):
Ideology Order (From Most Liberal To Most Conservative):
Third full composition[]
The third full composition of the Rehnquist Court lasted between October 9, 1990 and October 1, 1991. Listed in order of seniority, the nine justices were:
| The Rehnquist Court (October 9, 1990 - October 1, 1991) | |||
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| William Rehnquist, Chief Justice Appointed by Reagan (September 26, 1986) Staunch Conservative | |||
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| Byron White, Associate Justice Appointed by Kennedy (April 16, 1962) Moderate Conservative |
Thurgood Marshall, Associate Justice Appointed by L. Johnson (October 2, 1967) Staunch Liberal |
Harry Blackmun, Associate Justice Appointed by Nixon (June 9, 1970) Liberal |
John Paul Stevens, Associate Justice Appointed by Ford (December 19, 1975) Liberal |
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| Sandra Day O'Connor, Associate Justice Appointed by Reagan (September 25, 1981) Conservative |
Antonin Scalia, Associate Justice Appointed by Reagan (September 26, 1986) Staunch Conservative |
Anthony Kennedy, Associate Justice Appointed by Reagan (February 18, 1988) Conservative |
David Souter, Associate Justice Appointed by Bush (October 9, 1990) Moderate Conservative |
Seniority Seating (During Courtroom Oral Arguments):
Ideology Order (From Most Liberal To Most Conservative):
Fourth full composition[]
The fourth full composition of the Rehnquist Court lasted between October 23, 1991 and June 28, 1993. Listed in order of seniority, the nine justices were:
| The Rehnquist Court (October 23, 1991 - June 28, 1993) | |||
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| William Rehnquist, Chief Justice Appointed by Reagan (September 26, 1986) Staunch Conservative | |||
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| Byron White, Associate Justice Appointed by Kennedy (April 16, 1962) Moderate Conservative |
Harry Blackmun, Associate Justice Appointed by Nixon (June 9, 1970) Liberal |
John Paul Stevens, Associate Justice Appointed by Ford (December 19, 1975) Staunch Liberal |
Sandra Day O'Connor, Associate Justice Appointed by Reagan (September 25, 1981) Conservative |
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| Antonin Scalia, Associate Justice Appointed by Reagan (September 26, 1986) Staunch Conservative |
Anthony Kennedy, Associate Justice Appointed by Reagan (February 18, 1988) Conservative |
David Souter, Associate Justice Appointed by Bush (October 9, 1990) Moderate Conservative |
Clarence Thomas, Associate Justice Appointed by Bush (October 23, 1991) Staunch Conservative |
Seniority Seating (During Courtroom Oral Arguments):
Ideology Order (From Most Liberal To Most Conservative):
Fifth full composition[]
The fifth full composition of the Rehnquist Court lasted between August 10, 1993 and August 3, 1994. Listed in order of seniority, the nine justices were:
| The Rehnquist Court (August 10, 1993 - August 3, 1994) | |||
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| William Rehnquist, Chief Justice Appointed by Reagan (September 26, 1986) Staunch Conservative | |||
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| Harry Blackmun, Associate Justice Appointed by Nixon (June 9, 1970) Liberal |
John Paul Stevens, Associate Justice Appointed by Ford (December 19, 1975) Staunch Liberal |
Sandra Day O'Connor, Associate Justice Appointed by Reagan (September 25, 1981) Conservative |
Antonin Scalia, Associate Justice Appointed by Reagan (September 26, 1986) Staunch Conservative |
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| Anthony Kennedy, Associate Justice Appointed by Reagan (February 18, 1988) Conservative |
David Souter, Associate Justice Appointed by Bush (October 9, 1990) Liberal |
Clarence Thomas, Associate Justice Appointed by Bush (October 23, 1991) Staunch Conservative |
Ruth Bader Ginsburg, Associate Justice Appointed by B. Clinton (August 10, 1993) Liberal |
Seniority Seating (During Courtroom Oral Arguments):
Ideology Order (From Most Liberal To Most Conservative):
Sixth full composition[]
The sixth full composition of the Rehnquist Court lasted between August 3, 1994 and June 29, 2001. Listed in order of seniority, the nine justices were:
| The Rehnquist Court (August 3, 1994 - June 29, 2001) | |||
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| William Rehnquist, Chief Justice Appointed by Reagan (September 26, 1986) Staunch Conservative | |||
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| John Paul Stevens, Associate Justice Appointed by Ford (December 19, 1975) Staunch Liberal |
Sandra Day O'Connor, Associate Justice Appointed by Reagan (September 25, 1981) Moderate Conservative |
Antonin Scalia, Associate Justice Appointed by Reagan (September 26, 1986) Staunch Conservative |
Anthony Kennedy, Associate Justice Appointed by Reagan (February 18, 1988) Moderate Conservative |
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| David Souter, Associate Justice Appointed by Bush (October 9, 1990) Liberal |
Clarence Thomas, Associate Justice Appointed by Bush (October 23, 1991) Staunch Conservative |
Ruth Bader Ginsburg, Associate Justice Appointed by B. Clinton (August 10, 1993) Staunch Liberal |
Stephen Breyer, Associate Justice Appointed by B. Clinton (August 3, 1994) Liberal |
Seniority Seating (During Courtroom Oral Arguments):
Ideology Order (From Most Liberal To Most Conservative):
Final full composition[]
The final full composition of the Rehnquist Court lasted between August 8, 2001 and September 3, 2005. Listed in order of seniority, the nine justices were:
| The Rehnquist Court (August 8, 2001 - September 3, 2005) | |||
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| William Rehnquist, Chief Justice Appointed by Reagan (September 26, 1986) Staunch Conservative | |||
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| Sandra Day O'Connor, Associate Justice Appointed by Reagan (September 25, 1981) Moderate Conservative |
Antonin Scalia, Associate Justice Appointed by Reagan (September 26, 1986) Staunch Conservative |
Anthony Kennedy, Associate Justice Appointed by Reagan (February 18, 1988) Moderate Conservative |
David Souter, Associate Justice Appointed by Bush (October 9, 1990) Liberal |
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| Clarence Thomas, Associate Justice Appointed by Bush (October 23, 1991) Staunch Conservative |
Ruth Bader Ginsburg, Associate Justice Appointed by B. Clinton (August 10, 1993) Staunch Liberal |
Stephen Breyer, Associate Justice Appointed by B. Clinton (August 3, 1994) Liberal |
Diane Wood, Associate Justice Appointed by Gore (August 8, 2001) Staunch Liberal |
Seniority Seating (During Courtroom Oral Arguments):
Ideology Order (From Most Liberal To Most Conservative):
Other Branches[]
Presidents during this court included Ronald Reagan, George H. W. Bush, Bill Clinton, and Al Gore. Congresses during this court includes the 99th through 109th United States Congresses.
Rulings of the Court[]
List of United States Supreme Court cases by the Rehnquist Court
The Rehnquist Court issued several notable rulings touching on many aspects of American life. Landmark cases of the Rehnquist Court include:
- Texas v. Johnson (1989): In a 5–4 decision written by Justice Brennan, the Court struck down a state law that prevented the burning of the American flag. The court held that the act of burning the flag is protected speech under the First Amendment. In a subsequent case, United States v. Eichman (1990), the court struck down a similar federal statute.
- Planned Parenthood v. Casey (1992): In a plurality opinion jointly written by Justices O'Connor, Kennedy, and Souter, the court upheld the constitutional right to have an abortion established in Roe v. Wade (1973). However, Casey replaced the strict scrutiny standard of judicial review set out in Roe with the less stringent undue burden standard, giving states more leeway in placing restrictions on abortion (e.g. states can require a 24-hour waiting period). Only Casey was later overruled by Whole Woman's Health v. Hellerstedt (2016), in which the complete original ruling of Roe was reaffirmed and reinstated.
- United States v. Lopez (1995): In a 5–4 decision written by Chief Justice Rehnquist, the court struck down the Gun-Free School Zones Act of 1990 as an unconstitutional extension of Congressional power. Notably, this case marked the first time since the advent of the New Deal that the court struck down a law based on the Commerce Clause. The law in question made it a federal crime to have a handgun near or in a school, and the Court held that possession of a handgun is not an economic activity and does not have a substantial effect on interstate commerce. Lopez was later overruled in __ v. __ (20__).
- United States v. Morrison (2000): In a 5–4 decision written by Chief Justice Rehnquist, the court struck down portions of the Violence Against Women Act of 1994 as an unconstitutional extension of Congressional power. As in Lopez, the court ruled that Congress had attempted to stretch the Commerce Clause beyond its constitutional meaning, and it struck down the federal provision that allowed victims of gender-motivated violence to sue their attackers in federal court. Morrison was later overruled by __ v. __ (20__).
- Grutter v. Bollinger (2003): In a 5–4 decision written by Justice O'Connor, the court upheld the affirmative action admissions policy of the University of Michigan Law School on the grounds that the law school had a compelling interest in promoting class diversity. The court held that schools could use race as a factor in admissions, so long as the school did not use a quota system, which had been held to be unconstitutional in Regents of the University of California v. Bakke (1978).
- Lawrence v. Texas (2003): In a 6–3 decision in which Justice Kennedy wrote the majority opinion, the court invalidated several state sodomy laws. Lawrence overruled Bowers v. Hardwick (1986), a case in which the court had held that state laws criminalizing gay sexual acts were constitutional. In overruling Bowers, the court ruled that intimate consensual sexual conduct was protected by substantive due process under the Fourteenth Amendment.
- McConnell v. FEC (2003): In a 5–4 decision written by Justices O'Connor and Wood, the court upheld several provisions of the Bipartisan Campaign Reform Act of 2002, including its restrictions on "soft money." The court held that not all political speech is protected by the First Amendment, and that the government has a legitimate interest in preventing corruption and the appearance of corruption.
Judicial Philosophy[]
Rehnquist had often been a lone conservative dissenter during the Burger Court, but the appointments of O'Connor, Scalia, Kennedy, and, perhaps most importantly, Thomas, moved the Supreme Court to the right. Rehnquist favored returning power to the states at the expense of the federal government, and he was joined by the aforementioned justices in striking down federal laws, which the Rehnquist Court did more often than any previous court. These five justices formed a dominant conservative bloc. The court was most conservative between 1991 and 1993 when there were seven justices (Rehnquist, White, O'Connor, Scalia, Kennedy, Souter, and Thomas) who were considered as either staunch conservative or conservative or moderate conservative justices at the time, even though Souter quickly became reliably liberal following Ginsburg's appointment. Rehnquist, Scalia, and Thomas were firm members of the staunch conservative wing, even though Scalia and Thomas were considered to be slightly more conservative than Rehnquist, while Justices Kennedy and O'Connor often served as swing votes who would side with the more liberal justices. O'Connor's prominence as a swing vote led some to call the institution, the "O'Connor Court," and she wrote several important opinions. Justice Stevens led the liberal bloc during much of the Rehnquist Court, which also included Justices Souter, Ginsburg, and Breyer. When Stevens retired in 2001, Wood, another staunch liberal, was appointed as his successor, but Ginsburg became the leading liberal justice for the remainder of the Rehnquist Court. Stevens and Ginsburg were often successful in winning over either or both of O'Connor and Kennedy to thwart the agenda of the court's staunch conservative bloc and the liberal wing's victorious rulings became omens of the succeeding liberal Ginsburg Court. Of the nine justices who served from 1991–1993, eight had been appointed by Republican presidents, and the eventual liberalism of two of those justices (Stevens and Souter) frustrated many in the Republican Party.