Chapter One
Introduction: The Backstory
The heart of the story of William Rehnquist's appointment to the Supreme Court
begins on September 17, 1971, and ends with an announcement on October 21, 1971.
That story begins in the next chapter. First, it is important to understand the
backstory.
It is well known that Richard Nixon made extraordinary use and abuse of his
presidential powers. It is not widely known that those uses and abuses also
related to the Supreme Court. More than any president since Franklin D.
Roosevelt, he worked hard to mold the Court to his political liking. That meant
not only making conservative appointments; it also meant creating
appointments. William Rehnquist, who would be Nixon's most important
appointment, was actively involved in the efforts to create vacancies on the
Court while serving as an assistant attorney general. It is not an overstatement
to say that Rehnquist, working with Nixon's attorney general, John Mitchell, and
others, misused the resources and powers of the Department of Justice, and other
executive branch agencies, to literally unpack the Court by removing
... read full excerpt from: The Rehnquist Choice: The Untold Story of the Nixon Appointment That Redefined the Supreme Court ebook