the switch from roberts to rehnquist basically in something that same. the material change i agree with mike and with jan, i'm samuel alito for justice o'connor. in some sense that's a little unfair, like a double switch in baseball. they came in at the same time. roberts was going to be for o'connor-bumped up and read this episode that dominate octobe october 2005. where bush was flirting with the difference dominate but on halloween night it was that alito was funny put forward at a nominee. that's a major change because i think it does substitute a solid digital conservative for a liquid judicial conservative, sometimes a gaseous one because o'connor was just not a principled salted conservative. so that change is -- solid. you move from one of the swing justice into one that is more fairly reliable kendrick you now have a 4-1-4 and that makes a difference where entity would have voted with the conservatives anyway. there are some issues in which o'connor laid -- leaned conservative. when you substitute allegis vote for o'connor's vote can be was goin

if rehnquist had gone first. and my guess is no. but i think when the president saw roberts performing as he did and then with rehnquist on the eve of hids hearings passing away, he had kind of been tested so it was easy for the president to move roberts into that spot paving the way then of course for that legal power house harriet myers which no one is mentioning her name so i have to throw it out there. but then of course getting justice alito. but i think the court would look quite different if rehnquist had stepped down. >> i think meyers is the most brilliant in american history. let's throw hair yet out there for a few weeks and then slip alito in. i just -- high stakes poker but i have to give him credit. ok. >> in his dissent, roberts criticized, i think he named the new york case more than ten times. that's a case that more and more conservative legal scholars seem willing to embrace. for the panel is what role do you think that case will play in determining the next appointee should a republican win the election in terms

justice rehnquist and his fellow clerks heard the argument.aving a feeling this case might be coming to them at some point. >> you say it's unusual. but the court can really respond very quickly if it needs to. what makes this particularly unusual that they did? >> precisely the certain sense that we've been talking about. there are boots on the ground. in korea. that is not lost on anybody. plus the steel industry is real concerned about losing control over the business. no matter which way you look, everybody wants it done yesterday. >> the steel is continuing to be produced because there's an injunction so nothing happened to production during this? >> it's continuing to be produced. the whole arguement that adds to this urgency with the war in the background, the full argument is we cannot stand for an interruption of the flow of steel because it was not be up to produce tanks and airplanes to wage the war. the war is very much in the background. >> pat is watching in milton, washington. your question? hi, pat? >> i'm sorry, yes. >> you ha

if rehnquist had converse with you then, and my guess is no.when the president sal roberts performing as he did come in with rehnquist on the eve of these hearings passing away, he had kind of been tested so it was easy for the president to move roberts into that spot giving away the of course for that legal powerhouse harriet miers, which no one is mentioning her name so i have to throw it out there. but then, of course, getting justice alito. i think the court would look different had rehnquist step down. >> i thought harriet was the most brilliant -- high-stakes poker but i've got to give you credit. >> so in his trench 11 -- turn 11 in obergefell, they criticize in your case more than 10 times. that's the case that more and more conservative legal scholars simply to embrace. so my question for the panel generally is what role do you think that case will play in determining the next appointee should a republican win the election speak with i apologize. did you say lochner? i would say zero. i could so see anybody on the court including justi

chief justice rehnquist claimed he had been writing in jackson's voice. now all we know is that justice jackson's secretary disputed rehnquist's account and said jackson never asked for competing arguments to be completed in his voice. in her opinion, rehnquist was expressing his own views. >> maurice is in memphis. you're on. >> caller: good evening to all of you. the 14th amendment does not apply to the federal government. i think we feel there are certainly fundamental protections are so important that they appear twice. the equal protection of the laws is a more explicit safe guard of prohibited unfairness than due process of law. i would not assert that implies the two are always interchangeable phrases. how do you feel about the assertion that the concepts of equal production and due process are not mutually exclusive? >> well, i think you're referring to the controversy over bowling versus sharp where the court reads and equal production component into the 5th amendment. there's a lot of discussion about exactly how the court does this, how the cou

be written in his voice and according to her, rehnquist was expressing his own views. that is the most direct evidence. >> maurice is in memphis. >> good evening. the 14th amendment does not apply to the federal government. although we feel that certain fundamental projections are so important that they appear twice so that the fifth and 14th amendments each have due process was. of the lawrotection is in more explicit safeguard of prohibited unfairness then due process of law. i would not assert that that implies the two are always interchangeable phrases. how do you feel about the assertion that the concepts of equal protection and due process are not mutually exclusive? i think you are referring to the controversy over bowling versus sharp with a court reads an equal protection component into the fifth amendment. there is a lot of discussion court doesly how the this, how the court explains it. i don't think the court goes .ery far toward an explanation the fact of the matter is that there was not going to be anyway that you would get one holding in the four cases i

if rehnquist had gone first question? , my guest would've been no.n the president saw him performing as he did and it was rehnquist on the eve of his hearing passing away, it had been contested. it was easy easy for the president to move roberts into that spot paving the way for that legal powerhouse harriet miers, which no one is mentoring her name so i have to throw it out there. i think the court would look quite different had rehnquist step down. >> you gotta do it woman, let's throw harriet out there for a couple weeks. high-stakes poker but i have to give you credit. >> so in his dissent and over felt, they criticize the new york case more than ten times. that's a case that more and more conservative legal scholars seem willing to embrace. my question for the panel is what world you think that case will play the next appointee should a republican win the election. >> you said lochner quest mark. >> i'd say zero. i just don't see anybody on the court, including justice thomas going toward a notion of substantive due process that gives it the sam

i wanted to ask about a justice -- a law clerk of justice jackson by the name of william rehnquist who, at his confirmation in 1971, the issue came up that he had written a dissent for justice jackson in the brown case when it came before the war and -- for the court, and he said that they were just covering their bets and he did not really feel that way. i just wondered if either of your guests have checked to see the veracity of justice rehnquist's comments. jeffrey: you summarize it very well. it was an important controversy. then memo was quite vivid. he said basically that the fact , is that southerners don't like black people and will never admit them and the truth is, i believe that plessy versus was good law. jackson had asked him to express his own thoughts because jackson was undecided. all we know is that justice jackson's secretary disputed rehnquist's account said that he had never asked for competing opinions to be written in his voice and, according to her, rehnquist was expressing his own views. i think that is the most direct evidence. susan: maurice is in memphis. >>

the rehnquist court was a disappointment for conservatives.e wasn't george bush with this historic opportunity to do what previous presidents had failed to do, which became obvious what justice o'connor shocked everyone by announcing that she was stepping down before the chief justice. so we had to get it right and relied on i think some very smart people. and in capping john roberts that was taking us all back. it's really funny because it's almost like we have kind of come full circle like who is john roberts? 10 years ago i was one who come and argue with many conditions, including on this panel, 10 years ago about whether john roberts was going to be this solid judicial conservative. i was convinced that he was. i remember others were not. and i remember even members of the press kit i remember vividly in the supreme court pressroom reporters were saying he's not that conservative. he's not that conservative. because he was really nice and he would talk to them an in retn the calls. he gave them his cell phone number. a conservative would

justiceafternoon chief rehnquist. >> good afternoon, chief justice rehnquist.ybody in pittsburgh, as well as the harry s truman museum and library cosponsoring this event, i would like to thank you for participating in this program. i have a few programs to set the stage as we begin this retrospective. you were a 27-year-old law clerk, clerking for justice jackson, at the time the seizure case landed in the courts. was this a case everyone expected would be a constitutional landmark? >> the atmosphere so far as one living in washington was very much that it would. the law clerks talked about it at lunch. it wasn't just supreme court arguments that received press coverage, the arguments were front-page news in the washington papers. >> did you have any sense what would be the final outcome? >> i don't think most of us knew what position the justices would take. we did have a vote at lunch. i think we were evenly divided. >> what do you remember most vividly of the oral argument? >> he had a style of advocacy that you don't hear nowadays. it was very impressive.

. >> this was during the rehnquist court era and federalism is a big part of the docket and that was pretty heavily involved in some of the major cases that were decided by that court. alexander versus aderholt case and garrett versus the university of alabama trustees case which challenge the congressional authority to subject state governments to certain kinds of lawsuits and i hired a good friend of mine who's now a circuit judge on the circuit to represent the state in some of the cases before the supreme court but i became convinced the state solicitor general model that be something that would allow us to even more bigger bang for the buck. many of whom worked on the supreme court of the united states in just a few years out of the law school but were very talented and would love the opportunity to be involved in high-profile litigation representing state governments in the state supreme courts and federal courts of appeal and the court of the united states opportunities they wouldn't get as the juniors that the law firm. we had to pay them a salary that would be competitive to

earl warren, were in earl, and william rehnquist. on the way up to the kennedy grave, oliver wendell holmes. a few feet further you look over and you see william brennan potter stewart. four in a row. nobody looks. see, four supreme court justices buried in a row. but it's arlington. arthur girl -- goldberg. hugo black, and thurgood marshall. he argued brown versus board of education before the supreme court successfully. this is my african-american section. ,ecretary for the naacp murdered in his driveway by an admitted klansman and white supremacist. two all-white hung juries. finally a mixed-race, mixed gender jury convicted him in the 1990's. the black-tie cob. againstd .610 major-league pitching in exhibition games. that's pretty good. daniel chappie james, first four-star general in the u.s. air force. he was an original tuskegee airmen. people i know who have met him said he was the coolest guy they've ever met. this is james parks. in 1843, born a slave property of george washington part justice. when the federal troops came

and william rehnquist. on the way up to the kennedy grave oliver wendell holmes. a few feet farther you look over and you see william brennan, potter stewart, marshall and harry blackmon. nobody looks. if they were walt drug, it would be a big sign. see four supreme court justices buried in a row. but it's arlington. william o. douglas not far from rickover. father of the nuclear navy. hugo black. i like that he got a simple gi stone. and thorouurgood marshall. not only was he the first black to sit on the supreme court he argued brown versus board of education before the supreme court successfully. this is my african-american section with medgar evers. field secretary for the naacp murdered in his driveway by an admitted klansman and white supremacist. he was -- two hung juries, all white hung juries in the '60s and finally a mixed race, mixed gender jury convicted him in the 1990s and he died in jail in the early 2000s. spotswood poles. the black ty cobb. he batted 0.610 against major league pitching in exhibition games. that's pretty good. daniel tappy james th

. >> are there any questions back and as part of the rehnquist there's one right here, this gentleman right here in the middle. then unfortunately have to shut this down. this gentleman right here if you make a brief we'll have a few minutes. [inaudible] >> it's not on. can you speak loudly? it's not on, unfortunately. spent fulbright scholar, johns hopkins. last week i attended book launch talking about the american political amnesty from athens to clinton. i have a question. suppose there are two candidates who are -- capacity and experience. one is from a known family, the other rom we say family with same political dynasty. which one would america's prefer? >> it's very large countries that are electoral democracies have had dynastic leaders, elected in. we see japan come together current prime minister, pictures of him with his grandfather, the prime minister. correia, taiwan -- korea, taiwan, philippines, indonesia, india and so forth. my interpretation of that is that people in a very large country don't know the candidate for stancu don't know anybody that does. so they're try

it continues a trend we have seen in the past couple decades when chief justice rehnquist became prettyall the other strategies the idea of favoring certain people that will write in a way that you like, all the chiefs have done that. they have followed the same strategies. reveals a lot of things about the chief. he likes narrow opinions, not broad opinions. one thing that he likes in particular, he likes to promote the image at the court is nonpartisan. if he has a liberal justice that -- if he has a conservative, he may assign that judge a liberal case. this is not a court of democrats and republicans or liberals and conservatives, but a court of justice is doing their work. host: if you want to read more on their strategy and history, the article is in "the harvard "aw review. richard lazarus, thank you for being here this morning. guest: thank you so much. host: if you want to watch more, follow our landmark cases series. it continues tonight, focusing on brown versus the board of education, starting at 9:00 p.m. left.utes let's return to the question that we are focusing on, the l

earl warren, warren earl, and william rehnquist. on the way up to the kennedy grave oliver wendell holmes. a few feet further you look over and you see william brennan, thurgood marshall. four in a row. nobody looks. nobody looks. if this were -- see four justices buried four in a row. this is arlington. the father of the nuclear navy. arthur goldberg, hugo black. i like that he got a simple g.i. stone. and thurgood marshall. not only did thurgood marshall become the first black to serve on the supreme court, he argued brown vs. board of education before the supreme court in 1954 successfully argued brown vs. board of education. this is my african-american section with medgar evers, secretary for the naacp murdered in his driveway by a white supremacist. he was two hung juries in the '60s. finally a mixed race, mixed gender jury convicted him in the 1990s. died in jail in early 2000. medgar evers. the black ty kolb. one thing i can say he batt batted .610 against major league pitching in exhibition games. that's pretty good. daniel