Rehnquist Papers: On Singing Dixie, and Minority Law Clerks

In the summer of 1999, then-Chief Justice William Rehnquist was under fire for leading fellow attendees at a judicial conference in a sing-along that included the song "Dixie." African-American leaders said the song is offensive, with words that seem nostalgic for the era of slavery. Rehnquist was also at the time dealing with criticism from Congress and elsewhere over the dearth of minority law clerks at the Supreme Court. As was his practice, Rehnquist did not respond at length in public to either controversy.

Among Rehnquist's papers recently opened at the Hoover Institution Archives at Stanford University is a letter of support from longtime friend Malcolm Wilkey, a retired judge who had replaced Warren Burger on the D.C. Circuit in 1970 when Burger became chief justice. "Hurray for you!" Wilkey wrote Rehnquist, referring to singing Dixie. "All of our history is important, whether it fits in with the current political correctness or not. You above all people ought to take cognizance of the varied strains of our history which merge in the mosaic that is America today."

Wilkey also remarked on the "utterly asinine" argument over the lack of minority clerks. Wilkey noted that during his own 15-year tenure on the D.C. Circuit, he had interviewed 7 to 25 potential clerks every year based on academic excellence, but "no blacks turned up."

Rehnquist responded to Wilkey on Oct. 8, 1999 with thanks for his "encouraging letter." Rehnquist said, "I really feel that it does not bode well for race relations in this country if people constantly strain to find some basis for taking offense." Rehnquist continued, "I am also glad that you agree with the Court's position as to the hiring of minority law clerks; the pool of applicants whom we consider is not a large one, and there are not many minorities in it. I think some of our critics, because the position uses the term 'clerk,' imagine that it is some sort of entry level position, which of course it is not."

Comments

[Winston]

RE: ""Dixie" is a song that celebrates a slave-owning culture . . . "

Wait, I'm confused. Does this mean that we cannot sing or enjoy songs from any culture that once owned slaves? Boy -- that sure leaves out a whole lot of cultures and a whole lot of music!

Maybe we can listen only to the music that *disses* certain cultures that once owned slaves, though -- yeh, that's it.

[roll eyes]

[John Guest]

At president Kennedy's inaugural parade, our unit played Dixie as we passed the reviewing stand and Lyndon Johnson took his hat off in salute. I do not recall a president that did more for the civil rights of black Americans.
The second poster is correct that Dixie is not a song about slavery nor is the Bole Weavel Song about slavery just because they refer to cotton and long ago slaves picked cotton. Rehnquist, Wilkey and Clerker are each right in their assessments. This nation's people need to seriously get over it and simply enjoy each other without fear of offense.

[Disappointed]

"Dixie" is a song that celebrates a slave-owning culture that is at odds with the Constitutional values of equal protection that Chief Justice Rehnquist was obligated to uphold, and it is offensive that he would include that song at a judicial conference among those similarly obligated to uphold the Constitution (and that at least one other judicial colleague would applaud his inclusion of such a song). His response to the issue of minority law clerks, that "the pool of applicants whom we consider is not a large one, and there are not many minorities in it," merely perpetuates the root problem, this "myth of meritocracy" that only those who have the highest GPAs from one of the "top" law schools are somehow the "most qualified" to serve as a Supreme Court clerk. The selection of these criteria itself reflects a subjective judgment about what constitutes "merit" and it is disappointing to see that lack of awareness among those obligated to protect the individual rights of ALL Americans.

[Clerker]

Is this supposed to be an indictment of Rehnquist? In my mind, this portrays the former Chief Justice as a level-headed jurist: (1) "Dixie" is not a song about slavery and (2) the last thing the highest Court in the land needs is affirmative action.