By
Jonathan V. Porcelli
Arizona Daily Wildcat
200 UA, Tucson community gather at law school in peaceful demonstration
Nearly 200 demonstrators gathered outside the UA law school Friday to protest the appearance of U.S. Supreme Court Chief Justice William Rehnquist, who was there to participate in a panel discussion on the future of the federal courts.
For many, the reason for the protest was the Supreme Court's 5-4 decision in the hotly contested presidential election, in favor of then-nominee George W. Bush. Rehnquist ruled with the majority and swore in Bush on Inauguration Day.
Some protestors participated to show their dislike for the decision of the entire court, not just Rehnquist.
"I am protesting what the Supreme Court did as a body of people," said Tucsonan Carter Rose.
"I am so concerned. They (Supreme Court justices) had no right to be involved," said Ann Brenner, a retiree from Uniondale, N.Y. "I think there has to be more consistency in the mechanism in voting and in the machines."
Others more familiar with Rehnquist and the workings of the court found the protest to be an opportunity to utilize their First Amendment right to voice broader concerns.
"I think a lot of people actually are here because they are concerned about the justice system in general, and the Supreme Court in particular, and of course Chief Justice Rehnquist," said first-year University of Arizona law student Anne Carl, also with the National Lawyers Guild, who was handing out fliers with information on Rehnquist's political views.
"Normally when an opinion comes down that people disagree with, they can at least see the logic in the opinion, but this is illogical. It is a misapplication of the 14th Amendment 'equal protection' clause," she added.
Considered to be the non-political arm of the U.S. government, the Supreme Court is separated from the executive and legislative branches. Because of this, most Supreme Court decisions generally do not draw this much media attention or public response, said UA law professor Paul D. Bennett.
"I think people get interested in court cases when they see how it effects their lives. I think a lot of us are disappointed in the Supreme Court decision, not just in the result but in the way they went about reaching that result," said Bennett, who watched the protest from the side of the building. "It was very inconsistent with the kind of arguments that the majority had been making in the last several years. It seemed much more like a political decision than a legal one."
Despite chants of "Rehnquist get out of town" and signs that read "Count every vote!" and "Selected not elected," not all in the crowd were detractors of Rehnquist.
"I would like to thank Chief Justice Rehnquist for upholding the rule of law," said UA law student Mike McCoy, referring to the "equal protection" clause in the Constitution's 14th Amendment.
Rehnquist, 76, regularly visits Arizona, and is in Tucson this month to teach a two-week class on the history of the Supreme Court at the UA James E. Rogers College of Law.
Rehnquist practiced law in Phoenix from 1953 to 1969, and was appointed to the Supreme Court by President Richard Nixon. He took his seat as an Associate Justice on Jan. 7, 1972. President Ronald Reagan nominated Rehnquist for Chief Justice in 1986. All justices on the Supreme Court are appointed for life terms.
Rehnquist declined to comment after Friday's event, in which the media were not allowed to attend.
The Supreme Court's December decision was instrumental in stopping the recount of the Florida ballots, and awarding Florida's 25 electoral votes to Bush to win the general election.
Central to the decision was the application of different standards in Florida's counties to recount ballots, and if allowing the recount would be a violation of the "equal protection" clause found in the 14th Amendment.
One protester echoed what Justice John Paul Stevens, in his dissenting opinion, feared would be the other outcome of the Supreme Court's decision to take the case - alienation of the American people.
"I've lost respect for the Supreme Court," said Tucsonan Nancy Baum, holding a picture of civil rights leader Martin Luther King, Jr. "People who said it didn't matter which party got it, like Ralph Nader, I've lost respect for (them), too."
Tucsonan Susan Thorpe felt more dramatic measures need to be taken in response to the decision.
"I'm ready to leave the country. I'm going to look for a place more democratic than the United States," she said. "I'm tired of having a capitalist society that takes away all my rights and benefits."
