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IP: An interview with John Dean


From: David Farber <dave () farber net>
Date: Sat, 03 Nov 2001 17:27:44 -0500


From: "RV Head" <4whp () home com>
To: "David Farber" <dave () 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:

-----snip--snip--snip----

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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