By Melvin I. Urofsky
A survey and research of the ancient context, key figures, and lasting legacy of the Warren Court.
• major history at the New Deal origins of the Court's criminal philosophy
• Survey of the Court's judgements in seven parts: equivalent defense, reapportionment, freedom of speech, freedom of the clicking, faith, rights of the accused, and privacy
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Additional info for The Warren Court: Justices, Rulings, and Legacy (ABC-Clio Supreme Court Handbooks)
Example text
Black, had been appointed in 1937, and would serve until 1971; another, Byron White, appointed in 1962, would remain on the bench until 1993. In terms of jurisprudence, some of the associate justices—“side judges” as Oliver Wendell Holmes called them—would have a greater jurisprudential impact than the chief, but there can be little doubt that Earl Warren dominated the Court from the time he took his seat in 1953 until his retirement in 1969. The chief justice occupies the center seat on the Court and, while his or her vote is no greater than that of his or her colleagues, the chief presides over oral argument as well as the conferences at which the justices decide cases.
In 1953, when Warren came to the Court, the conservatives led by Felix Frankfurter and Robert Jackson held a majority of the votes. While they opposed racial discrimination, they held aloft the banner of “judicial restraint” and firmly opposed the judicial expansion of rights that would be the great legacy of the Warren Court. Gradually, however, more liberal men made their way into the Marble Palace. The original cadre of Hugo Black and William O. Douglas found allies in Warren and William Brennan, but not until Arthur Goldberg took Frankfurter’s place in 1962 did the liberal activists have the consistent five votes they needed.
The twelve defendants claimed that the government had not proved that either their words or deeds met the “clear and present danger” test. They had good reason to believe that they could win on this argument because the Supreme Court had used it frequently in the 1940s to strike down a variety of restrictions on various forms of speech. There had, however, been growing criticism of that standard from a number of sources. Strict advocates of free speech protested the “balancing” of speech against other, and supposedly lesser, values.
