Tough questions about his civil rights views. Allegations that he tried to prevent minorities from being allowed to vote. Obscure yet embarrassing revelations about the deeds to his homes. A showdown with the White House about memos he wrote on the eve of Watergate.
Last week's confirmation hearings must have seemed an all-too-familiar nightmare to William Rehnquist, President Reagan's nominee to be Chief Justice, who first went through this particular mill in 1971 when he was initially nominated to the Supreme Court. Even with a redoubtable conservative ally, North Carolina Republican Strom Thurmond, at the helm of the Senate Judiciary Committee, the rumpled and bemused Rehnquist suffered some turbulent moments at the hands of liberal Democratic committee members like Ted Kennedy and Joe Biden. Although the heated hearings were not expected to hurt Rehnquist's chances of confirmation as the 16th Chief Justice of the U.S. when the full Senate votes in September, they raised some sticky questions about his sensitivity to racial issues.
Most damaging were the charges that in the early '60s Rehnquist intimidated black and Hispanic voters at polling places in Phoenix, where he was then a local Republican activist, by questioning their ability to read. Until 1964, it was legal in Arizona to challenge a person's right to vote on the grounds of illiteracy. In a 1971 letter to the Senate after his confirmation hearings, Rehnquist stated categorically that he had not "personally engaged in challenging the credentials of any voter." This time around he was more circumspect. First he claimed that his function on Election Day was to provide legal advice to Republicans assigned the task of challenging voters' credentials. Then, peppering his testimony with "I don't recall"s, he said he did not believe he had ever challenged any voter.
A far less benevolent picture of his activities emerged from the testimony of four new witnesses. Psychology Professor Sydney Smith, a Democratic poll watcher at the time, said that in the '60s he saw Rehnquist go up to two black men at the polls and say to them, "You're not able to read, are you? You have no business being here." San Francisco Attorney James Brosnahan, an Assistant U.S. Attorney in Phoenix in 1962, specifically contradicted Rehnquist's sworn testimony. Brosnahan recalled how he was summoned by panicky voters and officials to a precinct where Rehnquist was a challenger. Brosnahan said he assumed that it was Rehnquist's "blanket" challenges of black and Hispanic voters that had led to the tense situation though he had not personally seen Rehnquist challenge anyone. Nonetheless, he testified that Rehnquist's conduct "was designed to reduce the number of black and Hispanic voters by confrontation and intimidation." But Vincent Maggiore, then chairman of the Phoenix-area Democratic Party, said he had never heard any negative reports about Rehnquist's Election Day activities. "All of these things," he said, "would have come through me."