Every demographic group in the country believed that it was time to change the old 19th century regime of criminal abortion laws - the public health community, even a majority of Catholics and a strong majority of Republicans. (From the Collection of the Supreme Court of the United States). Learn more about the mythic conflict between the Argives and the Trojans. “Justice is far too important to be left exclusively to the technicians of the law,” Burger lamented in 1967, noting that the Warren court’s criminal-procedure opinions had become “common talk in the best clubs and the worst ghettos.” These remarks — including the none-too-subtle racial tint — perfectly anticipated the anti-Warren-court rhetoric that Nixon wielded to help propel himself into the White House. Also in 1952, Burger helped to deliver the Minnesota delegation to Dwight Eisenhower at the GOP convention. And Lewis Powell also was quite a pack rat. So is Thomas's position changing at all? The next year, President Eisenhower appointed Burger as an Assistant U.S. Attorney General, and in 1955, Burger was named to the important U.S. Court of Appeals for the District of Columbia Circuit. We have the American Civil Liberties Union bringing all kinds of lawsuits. But of course, the law clerk is working for his justice. So let's look at an example of that, which is crime. Not sure about the geography of the middle east? GREENHOUSE: It's really quite an amazing and surprising story, Terry. I mean, before the Burger court, advertising - that is to say speech that does nothing more than propose a commercial transaction - that's the kind of jargon for that - was not deemed to have any First Amendment protection. One of the things at stake in this presidential election is the future direction of the Supreme Court. During his 13 years on that court, Burger earned a reputation as a conservative constructionist, and the incoming President Nixon was expected to have Burger on a short list to replace Warren, who had led what was considered a liberal court. None of the landmark decisions of the Warren court was overruled, and some were extended.”. But to go back to what the Burger Court actually accomplished, there were a number of major cases that either set out new principles or prevented new principles from taking hold. And the Burger court changed that. She's the co-author of the new book "The Burger Court And The Rise Of The Judicial Right." And Elena Kagan had to recuse herself 'cause she was solicitor general when as - when the case was making its way up through the courts. GREENHOUSE: That's right. Keep supporting great journalism by turning off your ad blocker. Now, your book is about how the Burger court pushed the Supreme Court to the right - and thereby pushing the country to the right. Let's take a short break, and we'll talk some more. 6 Footnotes. So did he use his power in a very pro-business way? Burger was appointed by President Nixon in 1969 and served as chief justice until 1986. With the latter, the book acknowledges its historic decision upholding race-conscious admissions practices in 1978, but bemoans that the opinion’s diversity rationale “allowed disappointed white applicants to claim that their rejection was illegal because it was based on race” and thus “bestowed on future courts a basis for eliminating affirmative action altogether.”. You know, the kind of really self-satisfied, almost platitudinous remarks that Warren Burger, who by then had retired from the court - Thurgood Marshall was still on the court - his remarks in Philadelphia - and Thurgood Marshall just reminding us that it took us a battle to get to where we are, and we've got to keep fighting that battle. In the 1970s, the Court shifted in a more conservative direction when President Richard Nixon appointed Chief Justice Warren Burger and strong conservative Justices Lewis Powell, William Rehnquist, and Harry Blackmun, and more so when President Ronald Reagan elevated Rehnquist to Chief Justice (though Blackmun became more liberal over time). President Ronald Reagan moved quickly to nominate Associate Justice William Rehnquist as the new Chief Justice and a 50-year-old federal judge, Antonin Scalia, to the newly vacant Court seat. It's noted - commonly noted both by you and everybody how closely divided the court is and also commonly noted that there's going to be a couple of vacancies. After successfully stopping the nomination of Abe Fortas as Chief Justice, the Republicans won overwhelmingly in the next election and President Richard Nixon got to appoint Chief Justice Earl Warren's successor. And Justice Thomas is also an originalist. But quite surprisingly, in an opinion by Justice Anthony Kennedy, the court upheld the University of Texas system, citing the Bakke case, citing the Bakke rationale for diversity. Learn more about the world with our collection of regional and country maps. It was - it was new in the context in which Citizens United put it. GROSS: So you say that the Warren Court, you know, is perceived as a very liberal court that was succeeded by the Burger Court, which was kind of, you know, neither here nor there and then the Rehnquist court, which was very conservative.

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