Warren E. Burger
|15th Chief Justice of the United States|
June 23, 1969 –September 26, 1986
|Appointed by||Richard Nixon|
|Preceded by||Earl Warren|
|Succeeded by||William Rehnquist|
|Judge of the United States Court of Appeals for the District of Columbia Circuit|
March 29, 1956 –June 23, 1969
|Appointed by||Dwight D. Eisenhower|
|Preceded by||Harold Montelle Stephens|
|Succeeded by||Malcolm Richard Wilkey|
|11th United States Assistant Attorney General for the Civil Division|
|President||Dwight D. Eisenhower|
|Preceded by||Holmes Baldridge|
|Succeeded by||George Cochran Doub|
Warren Earl Burger
September 17, 1907
Saint Paul, Minnesota, U.S.
|Died||June 25, 1995 87) (aged|
Washington, D.C., U.S.
(m. 1933;died 1994)
|Education|| University of Minnesota |
St. Paul College of Law (LL.B.)
Warren Earl Burger (September 17, 1907 – June 25, 1995) was the 15th chief justice of the United States, serving from 1969 to 1986. Born in Saint Paul, Minnesota, Burger graduated from the St. Paul College of Law in 1931. He helped secure the Minnesota delegation's support for Dwight D. Eisenhower at the 1952 Republican National Convention. After Eisenhower won the 1952 presidential election, he appointed Burger to the position of Assistant Attorney General in charge of the Civil Division. In 1956, Eisenhower appointed Burger to the United States Court of Appeals for the District of Columbia Circuit. Burger served on this court until 1969 and became known as a critic of the Warren Court.
Chief Justice of the United States is the title held by the highest-ranking justice of the Supreme Court of the United States, and as such the chief judge of the federal judiciary. Article II, Section 2, Clause 2 of the Constitution grants plenary power to the president of the United States to nominate, and with the advice and consent of the United States Senate, appoint a chief justice, who serves until they resign, are impeached and convicted, retire, or die.
Saint Paul is the capital and second-most populous city of the U.S. state of Minnesota. As of 2018, the city's estimated population was 307,695. Saint Paul is the county seat of Ramsey County, the smallest and most densely populated county in Minnesota. The city lies mostly on the east bank of the Mississippi River in the area surrounding its point of confluence with the Minnesota River, and adjoins Minneapolis, the state's largest city. Known as the "Twin Cities", the two form the core of Minneapolis–Saint Paul, the 16th-largest metropolitan area in the United States, with about 3.6 million residents.
Minnesota is a state in the Upper Midwest, Great Lakes, and northern regions of the United States. Minnesota was admitted as the 32nd U.S. state on May 11, 1858, created from the eastern half of the Minnesota Territory. The state has a large number of lakes, and is known by the slogan the "Land of 10,000 Lakes". Its official motto is L'Étoile du Nord.
In 1969, President Richard Nixon nominated Burger to succeed Chief Justice Earl Warren, and Burger won Senate confirmation. He did not emerge as a strong intellectual force on the court, but sought to improve the administration of the federal judiciary. He also helped establish the National Center for State Courts and the Supreme Court Historical Society. Burger remained on the court until his retirement in 1986, when he became Chairman of the Commission on the Bicentennial of the United States Constitution. He was succeeded as chief justice by William H. Rehnquist, who had served as an associate justice since 1971.
Richard Milhous Nixon was an American politician who served as the 37th president of the United States from 1969 until 1974. The only president to resign the office, he had previously served as the 36th vice president of the United States from 1953 to 1961, and prior to that as both a U.S. representative and senator from California.
Earl Warren was an American politician and jurist who served as the 14th Chief Justice of the United States (1953–1969) and earlier as the 30th Governor of California (1943–1953). The Warren Court presided over a major shift in constitutional jurisprudence, with Warren writing the majority opinions in landmark cases such as Brown v. Board of Education, Reynolds v. Sims, and Miranda v. Arizona. Warren also led the Warren Commission, a presidential commission that investigated the 1963 assassination of President John F. Kennedy. He is, as of 2019, the last Chief Justice to have served in an elected office.
The United States Senate is the upper chamber of the United States Congress which, along with the United States House of Representatives—the lower chamber—comprises the legislature of the United States. The Senate chamber is located in the north wing of the Capitol Building, in Washington, D.C.
In 1974, Burger wrote for a unanimous court in United States v. Nixon , which rejected Nixon's invocation of executive privilege in the wake of the Watergate scandal. The ruling played a major role in Nixon's resignation. Burger joined the majority in Roe v. Wade in holding that the right to privacy prohibited states from banning abortions. He later abandoned Roe v. Wade in Thornburgh v. American College of Obstetricians and Gynecologists . His majority opinion in INS v. Chadha struck down the one-house legislative veto.
United States v. Nixon, 418 U.S. 683 (1974), was a landmark United States Supreme Court case that resulted in a unanimous decision against President Richard Nixon, ordering him to deliver tape recordings and other subpoenaed materials to a federal district court. Issued on July 24, 1974, the decision was important to the late stages of the Watergate scandal, when there was an ongoing impeachment process against Richard Nixon. United States v. Nixon is considered a crucial precedent limiting the power of any U.S. president to claim executive privilege.
Executive privilege is the power of the president of the United States and other members of the executive branch of the United States Government to resist certain subpoenas and other interventions by the legislative and judicial branches of government in pursuit of information or personnel relating to confidential communications that would impair governmental functions. The power of Congress or the federal courts to obtain such information is not mentioned explicitly in the United States Constitution, nor is there any explicit mention in the Constitution of an executive privilege to resist such requests from Congress or courts. The Supreme Court of the United States has ruled this privilege may qualify as an element of the separation of powers doctrine, derived from the supremacy of the executive branch in its own area of Constitutional activity.
The Watergate scandal was a major American political scandal that lasted from 1972 to 1974, following a burglary by five men of the Democratic National Committee (DNC) headquarters at the Watergate office complex in Washington, D.C. on June 17, 1972, and President Richard Nixon's subsequent attempt to cover up his administration's involvement. After the five burglars were caught and the conspiracy was discovered—chiefly through the work of a few journalists, Congressional staffers and an election-finance watchdog official—Watergate was investigated by the United States Congress. Meanwhile, Nixon's administration resisted its probes, which led to a constitutional crisis.
Although Burger was perceived as a conservative,and the Burger Court delivered numerous conservative decisions, the Burger Court also delivered some liberal decisions regarding abortion, capital punishment, religious establishment, and school desegregation during his tenure.
The Burger Court refers to the Supreme Court of the United States from 1969 to 1986, when Warren Burger served as Chief Justice of the United States. Burger succeeded Earl Warren as Chief Justice after the latter's retirement, and Burger served as Chief Justice until his retirement, at which point William Rehnquist was nominated and confirmed as Burger's replacement. The Burger Court has been described as a "transitional" court which continued the liberal legacy of the Warren Court but transitioned into the more conservative Rehnquist Court.
Abortion is among the most controversial and divisive issues in the society, culture and politics of the United States. Various anti-abortion laws have been in force in each state since at least 1900.
Capital punishment is a legal penalty in the United States, currently used by 29 states, the federal government, and the military. Its existence can be traced to the beginning of the American colonies. The United States is the only developed Western nation that applies the death penalty regularly. It is one of 54 countries worldwide applying it, and was the first to develop lethal injection as a method of execution, which has since been adopted by five other countries. The Philippines has since abolished executions, and Guatemala has done so for civil offenses, leaving the United States one of 4 countries to use this method, along with China, Thailand, and Vietnam.
Warren Earl Burger was born in Stacy, Minnesota, in 1907, as one of seven children. His parents, Katharine (née Schnittger) and Charles Joseph Burger, a traveling salesman and railroad cargo inspector,were of Austrian German descent. His grandfather, Joseph Burger, had emigrated from Tyrol, Austria and joined the Union Army when he was 12. Joseph Burger fought and was wounded in the Civil War, resulting in the loss of his right arm and was awarded the Medal of Honor at the age of 14. At age 16, Joseph Burger became the youngest captain in the Union Army.
Stacy is a city in Chisago County, Minnesota, United States, along the Sunrise River. The population was 1,456 at the 2010 census.
Austrian German, Austrian Standard German, Standard Austrian German, or Austrian High German, is the variety of Standard German written and spoken in Austria. It has the highest sociolinguistic prestige locally, as it is the variation used in the media and for other formal situations. In less formal situations, Austrians tend to use forms closer to or identical with the Bavarian and Alemannic dialects, traditionally spoken – but rarely written – in Austria.
Joseph Burger was an Austrian German soldier who fought in the American Civil War. Burger received the United States' highest award for bravery during combat, the Medal of Honor, for heroism during combat at Nolensville, Tennessee on February 15, 1863, when Burger was 14 years of age. He was honored with the award on September 11, 1897.
Burger grew up on the family farm near the edge of Saint Paul. At age 8, he stayed home from school for a year after contracting polio.He attended John A. Johnson High School, where he was president of the student council. He competed in hockey, football, track, and swimming. While in high school, he wrote articles on high school sports for local newspapers. He graduated in 1925, and received a partial scholarship to attend Princeton University, which he declined because his family's finances were not sufficient to cover the reminder of his expenses.
Princeton University is a private Ivy League research university in Princeton, New Jersey. Founded in 1746 in Elizabeth as the College of New Jersey, Princeton is the fourth-oldest institution of higher education in the United States and one of the nine colonial colleges chartered before the American Revolution. The institution moved to Newark in 1747, then to the current site nine years later, and renamed itself Princeton University in 1896.
That same year, Burger also worked with the crew building the Robert Street Bridge, a crossing of the Mississippi River in Saint Paul that still exists. Concerned about the number of deaths on the project, he asked that a net be installed to catch anyone who fell, but was rebuffed by managers. In later years, Burger made a point of visiting the bridge whenever he came back to town.
Burger attended night school at the University of Minnesota while selling insurance for Mutual Life Insurance.Afterward, he enrolled at St. Paul College of Law (which later became William Mitchell College of Law, now Mitchell Hamline School of Law), receiving his Bachelor of Laws magna cum laude in 1931. He took a job at a St. Paul law firm. In 1937, Burger served as the eighth president of the Saint Paul Jaycees. He also taught for twelve years at William Mitchell. A spinal condition prevented Burger from serving in the military during World War II; instead he supported the war effort at home, including service on Minnesota’s emergency war labor board from 1942 to 1947. From 1948 to 1953, he served on the governor of Minnesota’s interracial commission, which worked on issues related to racial desegregation. He also served as president of the St. Paul’s Council on Human Relations, which considered ways to improve the relationship between the city's police department and its minority residents.
Burger was a lifelong Republican.His political career began uneventfully, but he soon rose to national prominence. He supported Minnesota Governor Harold E. Stassen's unsuccessful pursuit of the Republican nomination for president in 1948. In 1952, at the Republican convention, he played a key role in Dwight D. Eisenhower's nomination by delivering the Minnesota delegation. After he was elected, President Eisenhower appointed Burger as the Assistant Attorney General in charge of the Civil Division of the Justice Department.
In this role, he first argued in front of the Supreme Court. The case involved John P. Peters, a Yale University professor who worked as a consultant to the government. He had been discharged from his position on loyalty grounds. Supreme Court cases are usually argued by the Solicitor General, but he disagreed with the government's position and refused to argue the case. Burger lost the case. Shortly after, Burger appeared in a case defending the United States against claims from the Texas City ship explosion disaster, successfully arguing that the Federal Tort Claims Act of 1947 did not allow a suit for negligence in policy making; the United States won the case (Dalehite, et al., vs. United States 346 U.S. 15 (1953)).
Burger was nominated by President Dwight D. Eisenhower on January 12, 1956, to a seat on the United States Court of Appeals for the District of Columbia Circuit vacated by Judge Harold M. Stephens. He was confirmed by the United States Senate on March 28, 1956, and received his commission on March 29, 1956. His service terminated on June 23, 1969, due to his elevation to the Supreme Court.
In 1968, Chief Justice Earl Warren announced his retirement after 15 years on the Court, effective on the confirmation of his successor. President Lyndon Johnson nominated sitting Associate Justice Abe Fortas to the position, but a Senate filibuster blocked his confirmation. With Johnson's term as president about to expire before another nominee could be considered, Warren remained in office.
Burger was nominated by President Richard Nixon on May 23, 1969, to a seat on the Supreme Court of the United States vacated by Chief Justice Earl Warren. In his presidential campaign, Nixon had pledged to appoint a strict constructionist as chief justice. Burger had first caught Nixon's eye through a letter of support the former sent to Nixon during the 1952 Fund crisis,and then again 15 years later when the magazine U.S. News and World Report had reprinted a 1967 speech that Burger had given at Ripon College. In it, Burger compared the United States judicial system to those of Norway, Sweden, and Denmark:
I assume that no one will take issue with me when I say that these North European countries are as enlightened as the United States in the value they place on the individual and on human dignity. [Those countries] do not consider it necessary to use a device like our Fifth Amendment, under which an accused person may not be required to testify. They go swiftly, efficiently and directly to the question of whether the accused is guilty. No nation on earth goes to such lengths or takes such pains to provide safeguards as we do, once an accused person is called before the bar of justice and until his case is completed.
Through speeches like this, Burger became known as a critic of Chief Justice Warren and an advocate of a literal, strict-constructionist reading of the U.S. Constitution. Nixon's agreement with these views, being expressed by a readily confirmable, sitting federal appellate judge, led to the nomination. He was confirmed by the United States Senate on June 9, 1969, and received his commission on June 23, 1969. Earl Warren swore in the new chief justice the same day.He assumed senior status on September 26, 1986. His service terminated on June 25, 1995, due to his death.
According to President Nixon's memoirs, he had asked Justice Burger in the spring of 1970 to be prepared to run for president in 1972 if the political repercussions of the Cambodia invasion were too negative for him to endure. A few years later, in 1971 and 1973, Burger was on Nixon's short list of vice-presidential replacements for Vice President Spiro Agnew, along with John Connally, Ronald Reagan, and Nelson Rockefeller before Gerald Ford was appointed following Agnew's resignation in October 1973.
When Burger was nominated for the chief justiceship, conservatives in the Nixon Administration expected that the Burger Court would rule markedly differently from the Warren Court and might, in fact, overturn controversial Warren Court era precedents. By the early 1970s, however, it became apparent that the Burger Court was not going to reverse the rulings of the Warren Court and in fact might extend some Warren Court doctrines.[ citation needed ]
The Court issued a unanimous ruling, Swann v. Charlotte-Mecklenburg Board of Education (1971) supporting busing to reduce de facto racial segregation in schools. In United States v. U.S. District Court (1972) the Burger Court issued another unanimous ruling against the Nixon Administration's desire to invalidate the need for a search warrant and the requirements of the Fourth Amendment in cases of domestic surveillance. Then, only two weeks later in Furman v. Georgia (1972) the court, in a 5–4 decision, invalidated all death penalty laws then in force, although Burger dissented from the decision. In the most controversial ruling of his term, Roe v. Wade (1973), Burger voted with the majority to recognize a broad right to privacy that prohibited states from banning abortions. However, Burger abandoned Roe v. Wade by the time of Thornburgh v. American College of Obstetricians and Gynecologists .
On July 24, 1974, Burger led the court in a unanimous decision in United States v. Nixon . This was President Nixon's attempt to keep several memos and tapes relating to the Watergate scandal private. As documented in Woodward and Armstrong's The Brethren and elsewhere, Burger's original feelings on the case were that Watergate was merely a political battle; he "didn't see what they did wrong." —the judicial branch alone would have the power to determine whether something qualifies to be shielded under executive privilege.The actual final opinion was largely Justice Brennan's work, though each justice wrote at least a rough draft of a particular section. Burger was originally to vote in favor of Nixon, but tactically changed his vote in order to assign the opinion to himself, and to restrain the opinion's rhetoric. Burger's first draft of the opinion wrote that Executive Privilege could be invoked when it dealt with a "core function" of the Presidency, that in some cases the Executive could be supreme. However, the other justices in the Supreme Court were able to convince Burger to excise that language from the opinion
Burger was opposed to gay rights as he wrote a famous concurring opinion in the Court's 1986 decision upholding a Georgia law criminalizing sodomy ( Bowers v. Hardwick ), in which Burger relied on historical evidence that laws criminalizing homosexuality were of ancient vintage. Chief Justice Burger pointed out that the famous legal author William Blackstone wrote that sodomy was a "'crime against nature'... of 'deeper malignity than rape', a heinous act 'the very mention of which is a disgrace to human nature' and 'a crime not fit to be named'".
Burger also emphasized the maintenance of checks and balances between the branches of government. In the 1983 case of Immigration and Naturalization Service v. Chadha , he held, for the majority, that Congress could not reserve a legislative veto over executive branch actions.
On issues involving criminal law and procedure, Burger remained reliably conservative. He joined the Court majority in voting to reinstate the death penalty in Gregg v. Georgia (1976), and, in 1983, he vigorously dissented from the Court's holding in the case of Solem v. Helm that a sentence of life imprisonment for issuing a fraudulent check in the amount of $100 constituted cruel and unusual punishment.
Rather than dominating the court, Burger sought to improve administration both within the court and within the nation's legal system. Criticizing some advocates as unprepared, Burger created training venues for state and local government advocates. [ citation needed ]He also helped found the National Center for State Courts, which is now located in Williamsburg, Virginia, as well as the Institute for Court Management, and National Institute of Corrections to provide professional training for judges, clerks, and prison guards. Burger also began a tradition of annually delivering a State of the Judiciary speech to the American Bar Association, many members of which had been alienated by the Warren Court. However, some detractors thought his emphasis on the mechanics of the judicial system trivialized the office of chief justice.
Burger drew internal controversy within the Supreme Court throughout his tenure, as was revealed in the controversial, though best-selling book, Bob Woodward and Scott Armstrong's The Brethren . Although Senator Everett Dirksen noted Burger "looked, sounded, and acted like a chief justice", the reporters depicted Burger as an ineffective chief justice who was not seriously respected by his colleagues due to alleged pomposity and lack of legal acumen.[ citation needed ] Woodward and Armstrong's sources indicated that some of the other justices were annoyed by Burger's practice of switching his vote in conference, or simply not announcing his vote, in order that he be able to control opinion assignments. "Burger repeatedly irked his colleagues by changing his vote to remain in the majority, and by rewarding his friends with choice assignments and punishing his foes with dreary ones." Burger would also try to influence the course of events in a case by circulating a preemptive opinion.
Consequently, the Burger Court was described as his "in name only".Time magazine called him "plodding" and "standoffish", as well as "pompous", "aloof", and unpopular. Burger was a constant irritant on the Court's group dynamic, according to The New York Times' Linda Greenhouse. Jeffrey Toobin wrote in his book The Nine that by the time of his departure in 1986, Burger had alienated all of his colleagues to one degree or another. In particular, Associate Justice Potter Stewart, who had been considered a candidate to succeed Warren as chief justice, was so discontented with Burger that he became the primary source for Woodward and Armstrong when writing The Brethren.
Greenhouse points to the case of Immigration and Naturalization Service v. Chadha as evidence of Burger's "foundering leadership". Burger would cause the case to be delayed for over twenty months, despite there having been five votes to affirm the appeals court's finding of unconstitutionality after the case was first argued: Brennan, Marshall, Blackmun, Powell, and Stevens. Burger did not allow an opinion to be assigned, first by asking for a special conference on the case, and then by delaying the case for reargument when that conference fell through even though he never held a formal vote on holding the case over for reargument.
Burger retired on September 26, 1986, in part to lead the campaign to mark the 1987 bicentennial of the United States Constitution, at which time he commissioned the construction of the Constitution Bicentennial Monument (The National Monument to the U.S. Constitution). He had served longer than any other chief justice appointed in the 20th century.Despite his reputation for being imperious, he was well-liked by the law clerks and judicial fellows who worked with him. In 1987, Princeton University's American Whig-Cliosophic Society awarded Burger the James Madison Award for Distinguished Public Service. In 1988, he was awarded the prestigious United States Military Academy's Sylvanus Thayer Award as well as the Presidential Medal of Freedom.
In 1991 appearance on the MacNeil/Lehrer NewsHour , Burger stated that the Second Amendment "has been the subject of one of the greatest pieces of fraud, I repeat the word 'fraud,' on the American public by special interest groups."
Burger died in his sleep on June 25, 1995, from congestive heart failure at the age of 87, at Sibley Memorial hospital in Washington, D.C. He drafted his own one-page will.All of his papers were donated to the College of William and Mary, where he had served as Chancellor; however, they will not be open to the public until ten years after the death of Sandra Day O'Connor, the last surviving member of the Burger Court, per the donor agreement.
Burger's casket lay in repose in the Great Hall of the United States Supreme Court Building. His remains are interred at Arlington National Cemetery.
As chief justice, Burger was instrumental in founding the Supreme Court Historical Society and was its first president. Burger is often cited as one of the foundational proponents of Alternative Dispute Resolution (ADR), particularly in its ability to ameliorate an overloaded justice system. In a speech given in front of the American Bar Association, Justice Burger lamented the state of the justice system in 1984, "Our system is too costly, too painful, too destructive, too inefficient for a truly civilized people. To rely on the adversary process as the principal means of resolving conflicting claims is a mistake that must be corrected."The Warren E. Burger Federal Courthouse in Saint Paul, Minnesota, and the Warren E. Burger Library at his alma mater Mitchell Hamline School of Law (formerly the William Mitchell College of Law, and the St. Paul College of Law at the time of Burger's attendance) are named in his honor.
He married Elvera Stromberg in 1933. They had two children, Wade Allen Burger (1936–2002) and Margaret Elizabeth Burger (1946–2017).Elvera Burger died at their home in Washington, D.C., on May 30, 1994, at the age of 86.
Harry Andrew Blackmun was an American lawyer and jurist who served as an Associate Justice of the Supreme Court of the United States from 1970 until 1994. Appointed by Republican President Richard Nixon, Blackmun ultimately became one of the most liberal justices on the Court. He is best known as the author of the Court's opinion in Roe v. Wade, which prohibits many state and federal restrictions on abortion.
Felix Frankfurter was an Austrian-American lawyer, professor, and jurist who served as an Associate Justice of the Supreme Court of the United States. Frankfurter served on the Supreme Court from 1939 to 1962 and was a noted advocate of judicial restraint in the judgments of the Court.
William Joseph Brennan Jr. was an American judge who served as an Associate Justice of the United States Supreme Court from 1956 to 1990. As the seventh longest-serving justice in Supreme Court history, he was known for being a leader of the Court's liberal wing.
Potter Stewart was an Associate Justice of the United States Supreme Court, serving from 1958 to 1981. During his tenure, he made, among other areas, major contributions to criminal justice reform, civil rights, access to the courts, and Fourth Amendment jurisprudence.
Frederick "Fred" Moore Vinson was an American Democratic politician who served the United States in all three branches of government. The most prominent member of the Vinson political family, he was the 53rd United States Secretary of the Treasury and the 13th Chief Justice of the United States.
Charles Evans Whittaker was an Associate Justice of the United States Supreme Court from 1957 to 1962. After working in private practice in Kansas City, Missouri, he was nominated for the United States District Court for the Western District of Missouri. In 1956, President Dwight D. Eisenhower nominated Whittaker to the United States Court of Appeals for the Eighth Circuit. In 1957, he won confirmation to the Supreme Court of the United States, thus becoming the first individual to serve as a judge on a federal district court, a federal court of appeals, and the United States Supreme Court. During his brief tenure on the Warren Court, Whittaker emerged as a swing vote. In 1962, he suffered a nervous breakdown and resigned from the Court. After leaving the Supreme Court, he served as chief counsel to General Motors and frequently criticized the Civil Rights Movement and the Warren Court.
The Warren Court was the period in the history of the Supreme Court of the United States during which Earl Warren served as Chief Justice. Warren replaced the deceased Fred M. Vinson as Chief Justice in 1953, and Warren remained in office until he retired in 1969. Warren was succeeded as Chief Justice by Warren Burger.
David Lionel Bazelon was a United States Circuit Judge of the United States Court of Appeals for the District of Columbia Circuit.
The Judicial Branch is a history of the Supreme Court of the United States, organized by Chief Justice. The Supreme Court of the United States is the only court specifically established by the Constitution of the United States, implemented in 1789; under the Judiciary Act of 1789, the Court was to be composed of six members—though the number of justices has been nine for most of its history, this number is set by Congress, not the Constitution. The court convened for the first time on February 2, 1790.
The Brethren: Inside the Supreme Court is a 1979 book by Bob Woodward and Scott Armstrong. It gives a "behind-the-scenes" account of the United States Supreme Court during Warren Burger's early years as Chief Justice of the United States. The book covers the years from the 1969 term through the 1975 term. Using Woodward's trademark writing technique involving "off-the-record" sources, the book provides an account of the deliberations leading to some of the court's more controversial decisions from the 1970s. Among the cases with substantial treatment in the book was the decision in United States v. Nixon (1974), where the Supreme Court unanimously ruled that President Richard Nixon was legally obligated to turn over the Watergate tapes. In 1985, upon the death of Associate Justice Potter Stewart, Woodward disclosed that Stewart had been the primary source for The Brethren.
The Rehnquist Court refers to the Supreme Court of the United States from 1986 to 2005, when William Rehnquist served as Chief Justice of the United States. Rehnquist succeeded Warren Burger as Chief Justice after the latter's retirement, and Rehnquist served as Chief Justice until his death in 2005, at which point John Roberts was nominated and confirmed as Rehnquist's replacement. The Rehnquist Court is generally considered to be more conservative than the preceding Burger Court and Warren Court. According to Jeffrey Rosen, Rehnquist combined an amiable nature with great organizational skill, and he "led a Court that put the brakes on some of the excesses of the Earl Warren era while keeping pace with the sentiments of a majority of the country." Biographer John Jenkins argued that Rehnquist politicized the Supreme Court and moved the court and the country to the right. Through its rulings, the Rehnquist Court often promoted a policy of New Federalism in which more power was given to the states at the expense of the federal government. The Rehnquist Court was also notable for its stability, as the same nine justices served together from 1994 to 2005, the longest such stretch in Supreme Court history.
Irvin v. Dowd, 359 U.S. 394 (1959), was a United States Supreme Court case. It involved an escaped convict's denial of appeal. The convict sought a federal writ of habeas corpus.
Bigelow v. Commonwealth of Virginia, 421 U.S. 809 (1975), was a United States Supreme Court case that established First Amendment protection for advertising.
William Hubbs Rehnquist was an American jurist and lawyer who served on the Supreme Court of the United States for 33 years, first as an Associate Justice from 1972 to 1986, and then as the 16th Chief Justice of the United States from 1986 until his death in 2005. Considered a conservative, Rehnquist favored a conception of federalism that emphasized the Tenth Amendment's reservation of powers to the states. Under this view of federalism, the court, for the first time since the 1930s, struck down an act of Congress as exceeding its power under the Commerce Clause.
During President Richard Nixon's presidency, federal judicial appointments played a central role. Nixon appointed four individuals to the Supreme Court of the United States in just over five and a half years.
President Richard Nixon entered office in 1969 with Chief Justice Earl Warren having announced his retirement from Supreme Court of the United States the previous year. Nixon appointed Warren E. Burger to replace Earl Warren, and during his time in office appointed three other members of the Supreme Court: Associate Justices Harry Blackmun, Lewis F. Powell, and William Rehnquist. Nixon also nominated G. Harrold Carswell and Clement Haynsworth for the vacancy that was ultimately filled by Blackmun, but the nominations were rejected by the United States Senate. Nixon's failed Supreme Court nominations were the first since Herbert Hoover's nomination of John J. Parker was rejected by the Senate.
During his two terms in office, President Dwight D. Eisenhower appointed five members of the Supreme Court of the United States: Chief Justice Earl Warren, and Associate Justices John Marshall Harlan, William Brennan, Charles Evans Whittaker, and Potter Stewart.
Harold Montelle Stephens
|Judge of the United States Court of Appeals for the District of Columbia Circuit |
Malcolm Richard Wilkey
| Chief Justice of the United States |