Word: burger
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Dates: during 1960-1969
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...high, marbled central chamber of the Supreme Court, Earl Warren sat last week for the last time as the 14th Chief Justice of the United States. It was an occasion of ceremony and speechmaking. Richard Nixon was there to watch Warren Earl Burger, the man he had named as Warren's successor, take his oath of office. But the President put in an appearance for another reason: to offer symbolic support to an institution that he himself had attacked so harshly during last year's election campaign. Emphasizing the court's importance as an instrument of "continuity...
Decision Days. Until the very last, the court that Warren led demonstrated its overriding concern with the rights of the individual-even though many critics complained that in some instances it had already gone too far. Just minutes before Burger's swearing-in, it handed down three decisions that further protect the rights of criminal defendants: > In a pair of cases from Alabama and North Carolina, the court ruled that a man who gets a criminal conviction set aside but is convicted a second time on the same charge, may not be given a longer sentence without any justification...
...matter what direction the court takes under Chief Justice Burger, nothing is likely to erase the dramatic record written between 1953 and 1969. Not since the days of John Marshall, whose term as Chief Justice ran more than twice as long as Warren's (1801-35), have the Justices broken more new ground in the law. Serving as they did during a period of the greatest social upheaval in the U.S. since the Civil War and the Depression, the Justices refused to label many issues "moot" or "unripe," or to invoke any of the other legal techniques that would...
...some legal scholars, the most notable characteristic of the Warren court -and one that may distinguish it from Burger's-was its decision to decide. Perhaps no case better illustrates the difference than that of barred Congressman Adam Clayton Powell, in which the War, ren court reversed a decision by Burger's former court. As a member of the U.S. Court of Appeals for the District of Columbia, Burger had written in the Powell case: "Courts encounter some problems for which they can supply no solution." Later he remarked: "What if we ordered the House to seat Powell...
Balance of Votes. While Burger has expressed his dissatisfaction over the court's doctrines on criminal procedure, he is not expected to try to dismantle much of the court's work in this or in any other field. Even if the Justice appointed to the seat vacated by Abe Fortas proves critical of the Warren court's decisions, there will still not be enough votes to alter the court's direction significantly. In Brown and Gideon, the court spoke with a unanimous voice. Just one Justice dissented from the ruling that ordered an end to prayers...