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The Warren Court and the Pursuit of Justice, 50 Wash
Washington and Lee Law Review Volume 50 | Issue 1 Article 4 Winter 1-1-1993 The aW rren Court And The Pursuit Of Justice Morton J. Horwitz Follow this and additional works at: https://scholarlycommons.law.wlu.edu/wlulr Part of the Constitutional Law Commons Recommended Citation Morton J. Horwitz, The Warren Court And The Pursuit Of Justice, 50 Wash. & Lee L. Rev. 5 (1993), https://scholarlycommons.law.wlu.edu/wlulr/vol50/iss1/4 This Article is brought to you for free and open access by the Washington and Lee Law Review at Washington & Lee University School of Law Scholarly Commons. It has been accepted for inclusion in Washington and Lee Law Review by an authorized editor of Washington & Lee University School of Law Scholarly Commons. For more information, please contact [email protected]. THE WARREN COURT AND THE PURSUIT OF JUSTICE MORTON J. HoRwiTz* From 1953, when Earl Warren became Chief Justice, to 1969, when Earl Warren stepped down as Chief Justice, a constitutional revolution occurred. Constitutional revolutions are rare in American history. Indeed, the only constitutional revolution prior to the Warren Court was the New Deal Revolution of 1937, which fundamentally altered the relationship between the federal government and the states and between the government and the economy. Prior to 1937, there had been great continuity in American constitutional history. The first sharp break occurred in 1937 with the New Deal Court. The second sharp break took place between 1953 and 1969 with the Warren Court. Whether we will experience a comparable turn after 1969 remains to be seen. -
The Supreme Court of the United States
The Supreme Court of the United States Hearings and Reports on the Successful and Unsuccessful Nominations Now Includes the Kavanaugh and Preliminary Barrett Volumes! This online set contains all existing Senate documents for 1916 to date, as a result of the hearings and subsequent hearings on Supreme Court nominations� Included in the volumes are hearings never before made public! The series began with three volumes devoted to the controversial confirmation of Louis Brandeis, the first nominee subject to public hearings. The most recent complete volumes cover Justice Kavanaugh. After two years, the Judiciary Committee had finally released Kavanaugh’s nomination hearings, so we’ve been able to complete the online volumes� The material generated by Kavanaugh’s nomination was so voluminous that it takes up 8 volumes� The definitive documentary history of the nominations and confirmation process, this ongoing series covers both successful and unsuccessful nominations� As a measure of its importance, it is now consulted by staff of the Senate Judiciary Committee as nominees are considered� Check your holdings and complete your print set! Volume 27 (1 volume) 2021 Amy Coney Barrett �����������������������������������������������������������������������������������������Online Only Volume 26 (8 volumes) - 2021 Brett Kavanaugh ���������������������������������������������������������������������������������������������Online Only Volume 25 (2 books) - 2018 Neil M� Gorsuch ����������������������������������������������������������������������������������������������������$380�00 -
Proceedings in the Supreme Court of the United States in Memory of Justice Goldberg
~epartment of Wustite PROCEEDINGS IN THE SUPREME COURT OF THE UNITED STATES IN MEMORY OF JUSTICE GOLDBERG Monday, October 15, 1990 REMARKS OF THE ATTORNEY GENERAL OF THE UNITED STATES MR. CHIEF JUSTICE, and may it please the Court: The Bar of this Court met today to honor the memory of Arthur Joseph Goldberg, Associate Justice of the Supreme Court from 1962 to 1965. Arthur Goldberg served the Nation with distinction as a lawyer, soldier, Cabinet officer, Supreme Court Justice, and diplomat. Born in Chicago in 1908, he was educated in the Chicago public schools and at Northwestern University, where he , was first in his law school class and Editor-in-Chief of the Law Review. By special dispensation, Arthur Goldberg sat for the Illinois bar examination before he reached the age of 21. He was admitted 'to the Illinois bar in 1929 and began a general law I practice in Chicago. He opened his own law office in 1933, and soon began hanaling labor matters for clients such as the United Steelworkers and the Chicago Newspaper Guild. During World War II, Arthur Goldberg served under William J. Donovan as Chief of the Labor Division in the Office of strategic services. He carried out several intelligence missions to Europe, where he organized transportation workers into a valuable Allied intelligence network. After the war, he resumed his law practice and soon gained recognition as a preeminent labor lawyer. He served as general - 2 counsel to the United Steelworkers from 1948 to 1961. As general counsel to the Congress of Industrial Organizations, Arthur Goldberg played a major role in the merger of that organization and the American Federation of Labor in 1955. -
A Jewish Seat on the Supreme Court
A Jewish seat on the Supreme Court? By Shiela Steinman Wallace February 13, 2003 https://www.jta.org/2003/02/13/lifestyle/a-jewish-seat-on-the- supreme-court Is there a Jewish seat on the Supreme Court? Justice Ruth Bader Ginsburg contends that there once was, but that is no longer the case. She explored the subject during the 2003 Louis D. Brandeis Lecture on Tuesday, February 11, at the Seelbach Hotel. Immediately following the lecture, the University of Louisville’s Louis D. Brandeis School of Law Brandeis Scholars presented Justice Ginsburg with the Brandeis Medal. The medal recognizes individuals whose lives reflect Justice Brandeis’ commitment to the ideals of individual liberty, concern for the disadvantaged and public service. Judah Benjamin While Justice Brandeis was the first Jew appointed to the Supreme Court, Justice Ginsburg pointed out that he was not the first Jew nominated for the position. That honor went to Louisiana Sen. Judah Benjamin, who was nominated by President Millard Fillmore in 1851. Benjamin declined the honor, preferring to remain in the Senate, because, Justice Ginsburg noted, the Supreme Court had not yet achieved full equality as a branch of government. Benjamin resigned his Senate seat in 1861 when Louisiana suceeded from the Union and went on to hold leadership positions in the Confederacy. When the Confederacy was defeated, Benjamin fled to England and, at age 60, built another successful career as a barrister there, even serving as Queen’s Counsel. What is most remarkable about Benjamin, Justice Ginsburg pointed out is that he achieved such a high level of success twice in his lifetime in spite of a great deal of anti-Semitic activity at that time. -
Five Justices and Why They Left the Court for "Better" Positions
JOURNAL OF S UPREME C OURT H ISTORY Five Justices and Why They Left the Court for “Better” Positions JAMES F. FLANAGAN Justices are notoriously reluctant to leave Understanding the reasons that prompted the Court. Forty-nine died in office, and age each to leave the most powerful and presti- and illness prompted almost all the others to gious position in the federal judiciary reveals depart.1 Yet five Justices did leave for another, much about the men, their times, and the and perhaps, better job. They were, in the Court. Was their momentous decision a order of their resignations, John Rutledge, the cause of later regret, or did they find their first senior Associate Justice, who resigned in subsequent careers more important and 1791 to become the Chief Justice of the fulfilling? South Carolina Court of Common Pleas and These Justices shared some important General Sessions; John Jay, the first Chief characteristics. All were men of action and Justice, who followed in 1795 after being political affairs. All came to the Court as elected governor of New York; Charles Evans national political figures. Three had been Hughes, who resigned in 1916 to be the elected to high office, Rutledge and Hughes Republican candidate for President; James F. as governors of their respective states and Byrnes, who left in 1942 to become the Byrnes as a senator, and the latter two were Director of the Office of Economic Stabiliza- mentioned as potential national candidates. tion; and Arthur Goldberg, who resigned in Jay held important positions under the 1965 to serve as the U.S. -
BBA Concon Paper
820 First Street NE, Suite 510 Washington, DC 20002 Tel: 202-408-1080 Fax: 202-408-1056 [email protected] www.cbpp.org Updated January 18, 2017 States Likely Could Not Control Constitutional Convention on Balanced Budget Amendment or Other Issues By Michael Leachman and David A. Super1 In the coming months, a number of states are likely to consider resolutions that call for a convention to propose amendments to the U.S. Constitution to require a balanced federal budget, and possibly to shrink federal authority in other, often unspecified, ways. Proponents of these resolutions claim that 28 of the 34 states required to call a constitutional convention already have passed such resolutions. State lawmakers considering such resolutions should be skeptical of claims being made by groups promoting the resolutions (such as the American Legislative Exchange Council, or ALEC) that states could control the actions or outcomes of a constitutional convention. A convention likely would be extremely contentious and highly politicized, and its results impossible to predict. A number of prominent jurists and legal scholars have warned that a constitutional convention could open up the Constitution to radical and harmful changes. For instance, the late Justice Antonin Scalia said in 2014, “I certainly would not want a constitutional convention. Whoa! Who knows what would come out of it?”2 Similarly, former Chief Justice of the United States Warren Burger wrote in 1988: [T]here is no way to effectively limit or muzzle the actions of a Constitutional Convention. The Convention could make its own rules and set its own agenda. -
Stephen Breyer and Arthur Goldberg
The Legacy of a Supreme Court Clerkship: Stephen Breyer and Arthur Goldberg Laura Krugman Ray* Table of Contents I. INTRODUCTION ............................................................................. 83 II. ARTHUR GOLDBERG .................................................................... 85 A. A Brief Judicial Career ......................................................... 85 B. The Path to the Bench ........................................................... 87 C. On the Bench......................................................................... 90 1. Writing for the Majority .................................................. 92 2. In Concurrence ................................................................ 94 3. In Dissent ........................................................................ 97 D. Off the Bench: Later Writings ............................................ 102 E. The Departure Revisited ..................................................... 105 III. STEPHEN BREYER ....................................................................... 108 A. The Path to the Bench ......................................................... 108 B. The Clerkship ...................................................................... 110 C. Reading the Constitution .................................................... 114 D. The Opinions: The Problem Solver ................................... 116 E. Breyer and Goldberg: Common Ground ........................... 130 IV. CONCLUSION ............................................................................. -
Oral History Interview – JFK #1, 11/16/1964 Administrative Information
Nicholas Katzenbach Oral History Interview – JFK #1, 11/16/1964 Administrative Information Creator: Nicholas Katzenbach Interviewer: Tony Lewis Date of Interview: November 16, 1964 Place of Interview: Washington, D.C. Length: 81 pp. Biographical Note Katzenbach was the Assistant Attorney General (1961-1962), Deputy Attorney General (1962-1964), and Attorney General of the United States (1964-1966). In this interview Katzenbach discusses his first meetings with John and Robert F. Kennedy, the Freedom Riders, civil rights, aid to parochial schools, and appointments to the Supreme Court, among other issues. Access Restrictions Open, no restrictions. Usage Restrictions According to the deed of gift signed on April 15, 2008, copyright of these materials has been assigned to the United States Government. Users of these materials are advised to determine the copyright status of any document from which they wish to publish. Copyright The copyright law of the United States (Title 17, United States Code) governs the making of photocopies or other reproductions of copyrighted material. Under certain conditions specified in the law, libraries and archives are authorized to furnish a photocopy or other reproduction. One of these specified conditions is that the photocopy or reproduction is not to be “used for any purpose other than private study, scholarship, or research.” If a user makes a request for, or later uses, a photocopy or reproduction for purposes in excesses of “fair use,” that user may be liable for copyright infringement. This institution reserves the right to refuse to accept a copying order if, in its judgment, fulfillment of the order would involve violation of copyright law. -
A STUDY of SUPREME COURT APPOINT~Rnnts: Ff - -- (1937 - 1962)
.. A STUDY OF SUPREME COURT APPOINT~rnNTS: ff - -- (1937 - 1962) A THESIS SUBLITTED TO THE HONOR'S CONNITTEE IN PARTIAL FULFILLNENT OF THE REQUIREl1ENTS FOR ID. 499. BY DE~mIS V. I'lCCLURG ADVISOR - LIONEL J. NEU'l.AN BALL STATE UNIVERSITY SUBllf.ITTED KAY 28, 1965 -;f2.:>11 -rre':;,': , r· 1-" :_';..·t ') ~-~ 4 '':- ,(165 ACKNOWLEDGEKENTS I would like to express my appreciation for the help given me by Mr. Lionel J. Neiman in his role as faculty advisor~ Special thanks should also go to the staff of the Reference Room of the Ball State University Library, especially ~ir. Neil Coil and 1>Ir. William Nye, for their assistance in gathering the necessary information. TABLE OF CONTENTS -~ - List of Tables and Figures • • • • • • • • • • • • • • ii I. The Problem • • • • • • • • • • • • • • • • • • • • • 1 II. Appointments • • • • • • • • • • • • • • • • • • • • • 5 III. Dist""'ibution of Appointments by State and Section • • 10 IV. Political Affiliation as a Factor in Supreme Court Appointments • • • • • • • • • • • • • • • • • • • • • 14 V. Age Qualifications • • • • • • • • • • • • • • • • • • 17 VI. Educational Qualifications • • • • • • • • • • • • • • 23 VII. Prior Public Experience • • • • • • • • • • • • • • 27 VIII. Proposed Changes • • • • • • • • • • • • • • • • • • • 41 IX. Summary and Conclusions • • • • • • • • • • • • • • • 43 X~ Appendix • • • • • • • • • • • • • • • • • • • • • • • • 48 XI. Bibliography • • • • • • • • • • • • • • • • • • • • • 51 LIST OF TABLES • 1. Days Between Nomination and Confirmation •••••••• 6 2. Birth -
Balancing Civil Liberties and Homeland Security: Does the Usa Patriot Act Avoid Justice Robert H
THORNBURGH(FINAL).DOC 6/28/2005 2:15 PM BALANCING CIVIL LIBERTIES AND HOMELAND SECURITY: DOES THE USA PATRIOT ACT AVOID JUSTICE ROBERT H. JACKSON’S “SUICIDE PACT”? Dick Thornburgh* I. INTRODUCTION As we commemorate the fiftieth anniversary of the passing of Robert H. Jackson, we honor a man who capitalized on the infinite possibilities a legal education provides. Following his studies at Albany Law School, Justice Jackson’s diverse career included serving as a country lawyer in Western New York, a close advisor to President Franklin Delano Roosevelt, Solicitor General and Attorney General of the United States, Justice of the United States Supreme Court, and chief U.S. prosecutor in the Nuremburg trials against Nazi war criminals. Although his career ended over fifty years ago, Jackson, in each of his legal capacities, wrestled with issues that continue to provoke debate in our nation and world today. A review of Justice Jackson’s career reveals his involvement in some of the critical issues with which our country continues to struggle. During his tenure at the Department of Justice, Jackson co-authored briefs and argued the government’s position before the United States Supreme Court in cases regarding the constitutionality of the Social Security Act.1 Today our Congress and President assiduously work to define, or possibly redefine, the role of Social Security and to insure its viability for future generations. Additionally, as a Justice on the United States Supreme Court, Jackson authored the majority opinion in the case *Counsel, Kirkpatrick & Lockhart Nicholson Graham LLP, Washington, DC. Mr. Thornburgh served as Attorney General of the United States under Presidents Ronald Reagan and George H.W. -
Supreme Court Appointment Process: President’S Selection of a Nominee
Supreme Court Appointment Process: President’s Selection of a Nominee Updated February 22, 2021 Congressional Research Service https://crsreports.congress.gov R44235 Supreme Court Appointment Process: President’s Selection of a Nominee Summary The appointment of a Supreme Court Justice is an event of major significance in American politics. Each appointment is of consequence because of the enormous judicial power the Supreme Court exercises as the highest appellate court in the federal judiciary. Appointments are usually infrequent, as a vacancy on the nine-member Court may occur only once or twice, or never at all, during a particular President’s years in office. Under the Constitution, Justices on the Supreme Court receive what can amount to lifetime appointments which, by constitutional design, helps ensure the Court’s independence from the President and Congress. The procedure for appointing a Justice is provided for by the Constitution in only a few words. The “Appointments Clause” (Article II, Section 2, clause 2) states that the President “shall nominate, and by and with the Advice and Consent of the Senate, shall appoint ... Judges of the supreme Court.” The process of appointing Justices has undergone changes over two centuries, but its most basic feature—the sharing of power between the President and Senate—has remained unchanged: To receive appointment to the Court, a candidate must first be nominated by the President and then confirmed by the Senate. Political considerations typically play an important role in Supreme Court appointments. It is often assumed, for example, that Presidents will be inclined to select a nominee whose political or ideological views appear compatible with their own. -
Abolition of the Ohio Death Penalty?—Not for Lack of Trying
Abolition of the Ohio Death Penalty?—Not for Lack of Trying Professor Emerita Margery Malkin Koosed* Nationally, the death penalty is dwindling. Twenty-nine states now have the death penalty,1 down from thirty-eight states twelve years ago.2 Of those twenty- nine, four states have declared a moratorium on executions,3 including California, * University of Akron School of Law Professor Emerita Margery Koosed has been extensively involved in efforts to reform or abolish the death penalty through her writings, presentations, and testimony before Ohio Legislative Committees. As co-counsel, Professor Koosed represented four Akron-area death-row inmates on petitions for certiorari to the U.S. Supreme Court in 1976–1978. She has also served as a Commissioner on the Ohio Public Defender Commission by appointment of Governor Richard Celeste (1983–1991), and as Coordinator of the Ohio Death Penalty Task Force, (November 1981 to 1989), (1993 to 1999) organized by the Ohio Criminal Defense Lawyers Association (now known as the Ohio Association of Criminal Defense Lawyers); both positions focus on assuring adequate defense representation is provided in capital cases. She joined the law faculty in 1974 in the Appellate Review Office and teaches in the areas of criminal law and procedure, as well as capital punishment litigation. For decades, Professor Koosed has also served on the Ohio State Bar Association Criminal Justice Committee and occasionally chaired or co-chaired its subcommittee on the death penalty. She was a contributor to a death penalty report produced by said Committee, which called for a cessation of executions until specified reforms could be made.