Rex Edwin Lee (February 27, 1935 – March 11, 1996) was an American lawyer and academic who served as the 37th solicitor general of the United States from 1981 to 1985. He was responsible for bringing the solicitor general's office to the center of U.S. legal policymaking.{{citation needed|date=November 2022}} During his tenure, Lee argued 59 cases before the U.S. Supreme Court.

A member of The Church of Jesus Christ of Latter-day Saints (LDS Church), Lee was an alumnus of Brigham Young University (BYU) and the University of Chicago Law School. Lee was the president of BYU from 1989 to 1995, and from 1971 to 1975 he was the inaugural dean of BYU's J. Reuben Clark Law School (JRCLS).

Background and education

Lee was born in Los Angeles, California, on February 27, 1935. His parents were Mabel (née Whiting) and Rex E. Lee.{{cite news |title=Death: Rex Edwin Lee |url=https://www.deseretnews.com/article/477068/DEATH--REX-EDWIN-LEE.html |archive-url=https://web.archive.org/web/20161022122542/http://www.deseretnews.com/article/477068/DEATH--REX-EDWIN-LEE.html |url-status=dead |archive-date=October 22, 2016 |access-date=April 12, 2019 |work=Deseret News |publisher=Deseret News Publishing Company |date=March 13, 1996}}{{cite news |title=Rex E. Lee New BYU President |url=https://www.churchofjesuschrist.org/study/ensign/1989/07/news-of-the-church/rex-e-lee-new-byu-president?lang=eng |access-date=April 12, 2019 |work=Ensign |publisher=The Church of Jesus Christ of Latter-day Saints |date=July 1989}} According to an obituary in American Rifleman, Lee's father was shot and killed during a hunting trip in November 1934.{{cite journal |last1=Anderson |first1=C.C. |title=Rex E. Lee |journal=American Rifleman |date=January 1935 |volume=83 |issue=1 |page=39 |publisher=National Rifle Association}} His mother later married Wilford Shumway.{{cite news |last1=Binder |first1=David |title=Rex Lee, Former Solicitor General, Dies at 61 |url=https://www.nytimes.com/1996/03/13/us/rex-lee-former-solicitor-general-dies-at-61.html |access-date=April 12, 2019 |work=The New York Times |date=March 13, 1996}} Lee served a mission for the LDS Church in the Mexican Mission, serving as second counselor to the mission president. He first met his future wife, Janet Griffin (whose father was the Treasury Attaché of the US Embassy in Mexico City), while he was in Mexico. When Lee returned from his mission and enrolled at BYU, he became reacquainted with Janet, and they married on July 7, 1958, in Arizona.{{cite book |last1=Allred |first1=Diana Lee |last2=Ekeroth |first2=Jan Nelson |editor1-last=Jensen |editor1-first=Marian Wilkinson |title=Women of Commitment: Elect Ladies of Brigham Young University |date=1997 |publisher=Horizon Publishers |location=Bountiful, Utah |isbn=978-0882906102 |chapter=Janet Griffin Lee}}{{rp|41–42}} Lee and Griffin had seven children.

At BYU, Lee was elected student body president.Hill, Greg. [https://www.thechurchnews.com/archive/1996-03-23/funeral-speakers-laud-life-of-rex-e-lee-10301 Funeral Speakers Laud Life of Rex Lee], Church News, March 23, 1996, retrieved 2012-05-08 After graduating in 1960, he attended the University of Chicago Law School, where he was an editor of the University of Chicago Law Review. He graduated from Chicago in 1963 ranked first in his class.Binder, David. [https://www.nytimes.com/1996/03/13/us/rex-lee-former-solicitor-general-dies-at-61.html?pagewanted=all&src=pm Rex Lee, Former Solicitor General, Dies at 61, The New York Times, Mar. 13, 1996] retrieved 2012-05-11

Early legal career and academia

After law school, Lee served as a law clerk for U.S. Supreme Court justice Byron White from 1963 to 1964.{{cite news |last1=Malnic |first1=Eric |title=Rex E. Lee Dies |url=https://www.washingtonpost.com/archive/local/1996/03/13/rex-e-lee-dies/de3c64ba-10af-4ec1-a1ee-dbb2469fb4c8/ |access-date=April 16, 2019 |newspaper=The Washington Post |date=March 13, 1996}} He then entered private practice at the law firm of Jennings, Strouss & Salmon in Phoenix, Arizona.{{cite journal |last1=Oaks |first1=Dallin H. |last2=Voros, Jr. |first2=J. Frederic |title=Rex et Lex: A Look at Rex E. Lee |journal=The Law School Record |date=Fall 1981 |volume=27 |pages=38–39 |publisher=The University of Chicago Law School}} Only four years after graduating from law school, Lee argued his first case before the U.S. Supreme Court, despite the fact that he had not yet led any depositions in a lower civil court.{{cite news |last1=Wilkins |first1=Richard |title=In Memoriam: Rex E. Lee |url=http://www.jrcls.org/clark_memo/issues/cmS96.pdf |access-date=April 16, 2019 |work=Clark Memorandum |publisher=J. Reuben Clark Law School, Brigham Young University |date=Spring 1996}}

In 1972, Lee left private practice to become the founding dean of BYU's JRCLS,{{cite news |url=https://news.google.com/newspapers?id=wqZSAAAAIBAJ&sjid=LX8DAAAAIBAJ&pg=7199%2C4214381 |work=Deseret News |location=(Salt Lake City, Utah) |last=Rea |first=Dorothy O.|title=BYU law school thriving at end of first year |date=May 16, 1974 |page=B5}} and is considered personally responsible for recruiting many members of its charter class.Wilkins, Richard. [http://www.jrcls.org/publications/clark_memo/issues/cmS96.pdf In Memoriam: Rex E. Lee, Clark Memorandum, (Spring 1996) p. 4] {{webarchive|url=https://web.archive.org/web/20131021194728/http://www.jrcls.org/publications/clark_memo/issues/cmS96.pdf |date=2013-10-21 }} retrieved 2012-05-11[http://timpanogos.wordpress.com/2010/05/08/warning-claxons-from-utah-bob-bennett-voted-out/ Warning Claxons from Utah: Bob Bennett Voted Out, Millard Fillmore's Bathtub, May 9, 2010 Update]; retrieved 2012-09-13

Supreme Court advocate and scholar

Lee entered public service, first at the invitation of Attorney General Edward H. Levi, as an Assistant Attorney General in charge of the Civil Division in the United States Department of Justice from 1975 to 1976.{{cite journal|url=http://heinonline.org/HOL/LandingPage?collection=journals&handle=hein.journals/uclr52&div=20&id=&page= |title=52 University of Chicago Law Review 1985 Attorney General Edward H. Levi Comment|journal=University of Chicago Law Review|volume=52|pages=281|publisher=Heinonline.org|access-date=2014-03-07|year=1985|last1=Casper|first1=Gerhard}}{{cite journal |last1=Ford |first1=Gerald R. |title=Attorney General Edward H. Levi |journal=The University of Chicago Law Review |date=Spring 1985 |volume=52 |issue=2 |page=286 |jstor=1599659 }} In 1980, Lee wrote A Lawyer Looks at the Equal Rights Amendment in which he analyzed arguments against the Equal Rights Amendment.{{cite book|last1=Lee|first1=Rex E.|url=https://books.google.com/books?id=GzCQAAAAMAAJ|title=A Lawyer Looks at the Equal Rights Amendment|publisher=Brigham Young University Press|year=1980|isbn=9780842518833 |access-date=August 9, 2021}}

He served as Solicitor General of the United States from 1981 to 1985 under President of the United States Ronald Reagan. As Solicitor General, Lee argued cases before the Supreme Court.{{cite web |title=Solicitor General: Rex Lee |url=https://www.justice.gov/osg/bio/rex-lee |website=The United States Department of Justice |publisher=U.S. Department of Justice |access-date=April 16, 2019|date=2014-10-24 }} During his time as Solicitor General, Lee won 23 of the 30 cases he argued during Reagan's first presidential term. Before he died, he was preparing to argue his 60th case before the Supreme Court despite being confined to a hospital bed.Davidson, Lee. [https://magazine.byu.edu/article/supreme-court-justices-pay-tribute-to-the-late-rex-e-lee/ Supreme Court Justices Pay Tribute to the Late Rex Lee, BYU Magazine (November 1996); retrieved April 23, 2012.] Associate Justice White said that Lee "was the epitome of integrity". At one point, while being criticized for taking unpopular stances that might have been at odds with the administration under which he served, Lee responded: "I'm the solicitor general, not the pamphleteer general."

Lee relished the opportunity to argue before the Supreme Court. His son, Mike Lee, noted that Lee was very energetic and enthusiastic about arguing cases. In June 1985, Lee resigned as Solicitor General among criticism that he was not conservative enough.{{cite book |last1=Salokar |first1=Rebecca Mae |title=The Solicitor General: The Politics of Law |date=1992 |publisher=Temple University Press |location=Philadelphia, PA |isbn=978-0877229261 |page=2 |url=https://books.google.com/books?id=784tRHO8mEEC&q=%22rex+e+lee%22&pg=PA200 |access-date=April 12, 2019}}{{cite book |last1=Kleinknecht |first1=William |title=The Man Who Sold the World: Ronald Reagan and the Betrayal of Main Street America |date=2009 |publisher=Nation Booka |location=New York |isbn=9781568584102 |page=[https://archive.org/details/manwhosoldworl00klei/page/227 227] |url=https://archive.org/details/manwhosoldworl00klei |url-access=registration |quote=rex e lee. |access-date=April 12, 2019}} In 1986, Lee was diagnosed with pancreatic cancer.{{cite news |last1=Johnson |first1=Josh |title=Rex E. Lee: A man worth running for |url=https://universe.byu.edu/2015/03/06/rex-e-lee-a-man-worth-running-for/ |access-date=May 8, 2019 |work=The Daily Universe |publisher=Brigham Young University |date=March 6, 2015}} Lee managed to recover after about a year of cancer treatment and therapy and was named BYU's tenth president.{{cite news |last1=Reecem |first1=Mark |last2=Haddock |first2=Sharon |title=Pneumonia Claims Former Y. President Rex Lee |url=https://www.deseretnews.com/article/476912/PNEUMONIA-CLAIMS-FORMER-Y-PRESIDENT-REX-LEE.html |archive-url=https://web.archive.org/web/20190508213716/https://www.deseretnews.com/article/476912/PNEUMONIA-CLAIMS-FORMER-Y-PRESIDENT-REX-LEE.html |url-status=dead |archive-date=May 8, 2019 |access-date=May 8, 2019 |work=Deseret News |publisher=Deseret News Publishing Company |date=March 12, 1996}} According to some accounts, when Lee was asked to assume the position as university president, he accepted on the condition that he would still be able to argue cases before the Supreme Court in his spare time. He argued nine before his death.

BYU presidency

As president of BYU, Lee oversaw the creation of clear standards on employment requirements and academic freedom, especially in terms of religious education. Lee believed that religious perspectives in the classroom promote academic freedom rather than hinder it.{{Cite book|last=Waterman|first=Bryan|url=https://www.worldcat.org/oclc/39335080|title=The Lord's university : freedom and authority at BYU|date=1998|publisher=Signature Books|others=Brian Kagel|isbn=1-56085-117-1|location=Salt Lake City|oclc=39335080}}{{rp|4,15}} He also oversaw the streamlining of graduation requirements to aid students in graduating more quickly. Specifically, he limited major requirements to 60 credit hours, encouraging graduation within four years or eight semesters.{{cite news |last1=Kaspe |first1=Joanna |title=4-year graduation possible with credit-hour chan |url=https://universe.byu.edu/1996/04/19/4year-graduation-possiblernnwith-credithour-chan/ |access-date=May 8, 2019 |work=The Daily Universe |publisher=Brigham Young University |date=April 19, 1996}} Furthermore, he reinstated weekly university devotionals.{{cite news |last1=Lewis |first1=Alice-Anne |title=Devotional traditions change over the years |url=https://universe.byu.edu/2002/01/07/devotional-traditions-change-over-the-years/ |access-date=May 8, 2019 |work=The Daily Universe |publisher=Brigham Young University |date=January 7, 2002}} His administration was responsible for growing the size of the campus and prestige of the university.{{cite news |last1=Whatcott |first1=Andrea |title=Brigham Young University presidents, past and present |url=https://www.deseretnews.com/top/2334/10/Rex-E-Lee-Brigham-Young-University-presidents-past-and-present.html |archive-url=https://web.archive.org/web/20190419193235/https://www.deseretnews.com/top/2334/10/Rex-E-Lee-Brigham-Young-University-presidents-past-and-present.html |url-status=dead |archive-date=April 19, 2019 |access-date=April 19, 2019 |work=Deseret News |publisher=Deseret News Publishing Company |date=March 12, 2014}} In 1993, Lee decided BYU would offer lower tuition for summer semester to increase enrollment.{{cite news |title=Tuition rates to go up again in 1999 |url=https://universe.byu.edu/1998/11/23/tuition-rates-to-go-up-again-in-1999/ |access-date=May 8, 2019 |work=The Daily Universe |publisher=Brigham Young University |date=November 23, 1998}} While president, Lee instituted a rule that added regular church attendance as a requirement for attending BYU (though regular church attendance was not defined), stating that the rule would not be used to force church attendance but that those best fitted to BYU's environment would, "cheerfully participate in church activity".{{rp|156}}

In 1993 and 1994, controversy arose when two professors were terminated at BYU. Arguments arose with some claiming that they were fired due to their outspoken beliefs (one of which was supportive of the Pro-choice movement) that were not in line with the LDS Church, while administrators claimed it was strictly due to academic performance.{{rp|218–229}} These allegations sparked accusations of an "anti-feminist" BYU, which Lee denied, affirming that feminists were welcome on BYU campus.{{rp|314}} Lee also introduced "question and answer" sessions for faculty, students, and staff as well as additions to the physical plant of the university. Furthermore, he emphasized university devotional attendance and encouraged school spirit.{{cite news |last1=Bateman |first1=Merrill J. |title=Lee praised as one of the "great men" Pres. |url=https://universe.byu.edu/1996/03/12/lee-praisedrnnas-one-of-thernngreat-menrnnrnnpres/ |access-date=May 8, 2019 |work=The Daily Universe |publisher=Brigham Young University |date=March 12, 1996}} In 1994, Lee created a committee to raise $250 million for the "Lighting the Way Capital Campaign" for the benefit of BYU and BYU-Hawaii to reach accreditation. The campaign was completed in December 1999, having earned over $400 million.{{cite news |last1=Meager |first1=Amber |title=Former BYU President's dream being realized |url=https://universe.byu.edu/2000/03/14/former-byu-presidents-dream-being-realized/ |access-date=May 8, 2019 |work=The Daily Universe |publisher=Brigham Young University |date=March 14, 2000}}{{cite news |last1=Nielse |first1=Janna |title=BYU seeking $250 million to meet accreditation |url=https://universe.byu.edu/1996/04/09/byu-seeking-250-millionrnnto-meet-accreditation/ |access-date=May 8, 2019 |work=The Daily Universe |publisher=Brigham Young University |date=April 9, 1996}}

Before Lee's tenure as BYU president was over, he struggled with lymphoma and peripheral neuropathy. He served as BYU's president from July 1, 1989, to December 31, 1995. He died at age 61, less than three months after resigning as president of BYU. During Lee's funeral, BYU classes were canceled for two hours to allow students to attend the funeral.{{cite news |last1=Wood |first1=Audrey |title=Y students, past and present, remember unusual eve |url=https://universe.byu.edu/1998/03/22/y-students-past-and-present-remember-unusual-eve/ |access-date=May 8, 2019 |work=The Daily Universe |publisher=Brigham Young University |date=March 22, 1998}}

Legacy

During his career, Lee argued 59 cases before the Supreme Court.{{cite news |last1=Malnic |first1=Eric |title=Rex Lee; Solicitor General, BYU President |url=https://www.latimes.com/archives/la-xpm-1996-03-12-mn-46122-story.html |access-date=May 8, 2019 |work=Los Angeles Times |date=March 12, 1996}} Future associate Supreme Court justice Samuel Alito served as an assistant to Solicitor General Lee from 1981 to 1985, where Alito argued 12 cases before the Court.Gardner, Peter B. [http://magazine.byu.edu/?act=view&a=2768 Brothers in Law, BYU Magazine, Spring 2011] retrieved 2012-05-08 According to scholar Rebecca Mae Salokar, Rex E. Lee brought the position of Solicitor General into the center of policymaking in the United States. In 1998, the JRCLS created the Rex E. Lee Chair to honor him.{{cite web |last1=Hoffman |first1=Andrew |title=Brett Scharffs Appointed to BYU Law School's Rex E. Lee Chair |url=https://www.iclrs.org/blurb/brett-scharffs-appointed-to-byu-law-schools-rex-e-lee-chair/ |website=International Center for Law and Religious Studies |publisher=BYU Law |access-date=May 8, 2019}}{{cite news |last1=Southworth |first1=Mike |title=Law school to honor late BYU president, Rex Lee |url=https://universe.byu.edu/1998/03/01/law-school-to-honor-late-byu-president-rex-lee/ |access-date=May 8, 2019 |work=The Daily Universe |publisher=Brigham Young University |date=March 1, 1998}}

Lee won one of the first Distinguished Utahn of the Year awards.{{cite news |last1=Beistline |first1=Leslie |title=Distinguished Utah County residents to be recognized |url=https://universe.byu.edu/1998/05/06/distinguished-utah-county-residents-to-be-recogniz/ |access-date=May 8, 2019 |work=The Daily Universe |publisher=Brigham Young University |date=May 6, 1998}} Lee was an avid runner throughout his life (he was nominated to be Solicitor General two days after completing the Boston Marathon), and an annual race is held in his honor at BYU to raise proceeds for cancer research.{{cite news |title=Rex Lee Run |url=https://www.deseretnews.com/article/595051490/Rex-Lee-Run.html |archive-url=https://web.archive.org/web/20180922184143/https://www.deseretnews.com/article/595051490/Rex-Lee-Run.html |url-status=dead |archive-date=September 22, 2018 |access-date=April 16, 2019 |work=Deseret News |publisher=Deseret News Publishing Company |date=March 26, 2004}}

Family

Lee and his wife had seven children. His son Thomas Rex Lee was a justice of the Utah Supreme Court from 2010 to 2022. Another son, Mike Lee, has served as a United States Senator from Utah since 2011.{{cite news |last1=Whitehurst |first1=Lindsay |title=Governor says Utah senator would be good on Supreme Court |url=https://www.apnews.com/9980b6994606416ba31182aa399e57e4 |access-date=April 16, 2019 |work=Associated Press |date=June 28, 2018}}{{cite news |last1=Mirza |first1=Anzish |title=10 Things You Didn't Know About Mike Lee |url=https://www.usnews.com/news/national-news/articles/2017-04-03/10-things-you-didnt-know-about-mike-lee |access-date=April 16, 2019 |work=U.S. News & World Report |publisher=U.S. News & World Report L.P. |date=April 3, 2017}} Lee was a first cousin of politicians Mo Udall and Stewart Udall.{{cite news |last1=Ting |first1=Dennis |title=Politics: The family business |url=https://www.cnn.com/2014/03/03/politics/politics-family-business-senate-list/index.html |access-date=May 8, 2019 |work=CNN |publisher=Cable News Network |date=March 3, 2014}}

Works

{{cite book |last1=Lee |first1=Rex E. |title=A Lawyer Looks at the Constitution |date=1980 |publisher=Brigham Young University Press |location=Provo, Utah |isbn=978-0842519045}}
{{cite book |last1=Lee |first1=Rex E. |title=What do Mormons believe? |date=1992 |publisher=Deseret Book Company |location=Salt Lake City, Utah |isbn=978-0875796390 |url=https://archive.org/details/whatdomormonsbel00leer }}
{{cite book |last1=Lee |first1=Rex E. |title=Marathon of Faith |date=1996 |publisher=Deseret Book Company |location=Salt Lake City, Utah |isbn=978-1573451635 |url=https://archive.org/details/marathonoffaith00leer }}
{{cite book |last1=Lee |first1=Rex E. |title=A Lawyer looks at the equal rights amendment |date=1980 |publisher=Brigham Young University Press |location=Provo, Utah |isbn=978-0842518833 |url=https://archive.org/details/lawyerlooksatequ00rexe }}

References

External links

[http://www.azleg.state.az.us/legtext/42leg/2r/laws/scr1018.htm A Concurrent Resolution on the Death of Rex E. Lee] from the Arizona State Legislature website
[http://magazine.byu.edu/?act=view&a=441 Supreme Court Justices Pay Tribute to the Late Rex E. Lee], Brigham Young University website
[http://magazine.byu.edu/?act=view&a=505 Loving Rex Lee, A Personal Remembrance], Brigham Young University website
[http://www.virginiasba.com/rells.uva Rex E. Lee Law Society], University of Virginia website
[https://web.archive.org/web/20131029200625/http://www.deseretnews.com/article/477068/DEATH--REX-EDWIN-LEE.html?pg=all Notice of death of Rex Lee], deseretnews.com
[https://web.archive.org/web/20150221202313/http://www.oyez.org/advocates/l/r/rex_e_lee List of cases Rex E. Lee argued.]
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