More than 50 years have passed since a U.S. Supreme Court justice died while serving on the bench. Though justices have chosen to leave voluntarily during this period, Chief Justice Rehnquist's unusual death on the bench has left the Court with its second vacancy in fewer than two months.

Before the nomination hearings of John Roberts Jr. commence, I believe this would be an opportune time to remark on a truly remarkable judicial career of Wisconsin's native son.

Indeed, the chief of the nation's highest court was a Wisconsinite. Raised in a suburb of Milwaukee, Mr. Rehnquist was known to be an avid Green Bay Packers and UW football fan, even going so far as to place small bets on the teams during his college years. And though he left the state to attend college, students on this campus who attended Shorewood High School can probably tell you he hasn't been forgotten by the Badger State.

Mr. Rehnquist will be remembered for far more than the addition of gold stripes to the arms of his black robe or presiding over the U.S. Senate impeachment trial of President Clinton. Rather, the chief justice's judicial legacy includes furthering the conservative ideology on the nation's highest court and strongly supporting states' rights. Though he often sided with conservative-leaning justices on the bench, he was also known to sign on to the liberal bloc's opinions when it came to issues such as gay rights.

Rehnquist will be known foremost for writing the majority in U.S. v. Lopez, which limited congressional power under the Commerce Clause. Nonetheless, he was also a crusader for religious freedom. In his concurring opinion in Elk Grove Unified School District vs. Newdow, he concluded a public-school-district policy requiring teachers to lead willing students in reciting the Pledge of Allegiance, which included the words "under God," did not violate the Establishment Clause of the First Amendment.

He wrote, "The phrase 'under God' in the Pledge seems, as a historical matter, to sum up the attitude of the Nation's leaders, and to manifest itself in many of our public observances. Examples of patriotic invocations of God and official acknowledgments of religion's role in our Nation's history abound." The chief justice recently held these same sentiments in his plurality opinion in Van Orden v. Perry, which allowed a monument of the Ten Commandments to remain on the grounds of the Texas State Capitol.

Finally, writing for a majority in Zelman v. Simmons-Harris, he concluded state aid could be used to fund voucher programs for parochial schools.

Unlike his conservative colleagues, Rehnquist's opinions were often terse and lacked the long-winded rhetoric present in some of the other justices' writings. And even though he often dissented — especially in his earlier years on the bench — these opinions were anything but scathing.

Legal legacy aside, Mr. Rehnquist's untimely death will give judicial scholars something to discuss in the near future. The chief justice quelled rumors earlier this summer of his potential retirement when he issued a written statement: "I am not about to announce my retirement. I will continue to perform my duties as chief justice as long as my health permits." The justice's passing suggests Supreme Court justices are likely to remain on the bench as long as they are physically capable.

If Mr. Roberts is confirmed, I hope he will bring a unifying tone and collegiality to the Court, as did Mr. Rehnquist during his 19-year tenure as chief justice. Mr. Roberts hopefully picked up on the chief justice's Midwestern demeanor when he clerked for him.

Though his decisions did not always appeal to the liberal-leaning justices on the Court, he was respected by people from both sides of the political spectrum. We can only hope the next chief justice will garner as much reverence from his colleagues, legal scholars and the American people as did Mr. Rehnquist.

Rest in peace, Mr. Chief Justice. And may God bless you and the honorable Court you served with dignity and honor for 33 years. Your successor will indeed have a large robe to fill.

Darryn Beckstrom ([email protected]) is a doctoral student in the Department of Political Science and a second-year MPA candidate in the La Follette School of Public Affairs