The Burger Court and the Rise of the Judicial Right

A fresh and revelatory look at the Warren Burger Supreme Court finds that it was not a “moderate” or transitional court, as often portrayed, but a conservative one that still defines the constitutional landscape we live in today.When Richard Nixon campaigned for the presidency in 1968 he promised to change the Supreme Court. With four appointments to the court, including Warren E. Burger as the chief justice, he did just that. In 1969, the Burger Court succeeded the famously liberal Warren Court, which had significantly expanded civil liberties and was despised by conservatives across the country. The Burger Court is often described as a “transitional” court between the liberal Warren Court and the Rehnquist and Roberts Courts, a court where little of importance happened. But as Michael J. Graetz and Linda Greenhouse show, the Burger Court veered well to the right in such areas as criminal law, race, and corporate power. Even while declaring a right to abortion in __Roe v. Wade__, it drew the line at government funding for poor women. The authors excavate the roots of the most significant Burger Court decisions and show how their legacy affects us today. The most comprehensive evaluation of the Burger Supreme Court ever written for a general audience, __The Burger Court and the Rise of the Judicial Right__ draws on the personal papers of the justices as well as other archives to reveal how the Court shaped its major decisions. It will surprise even legal scholars and historians with its insights into a period that has received too little attention from either. A fresh and revelatory look at the Warren Burger Supreme Court finds that it was not a “moderate” or transitional court, as often portrayed, but a conservative one that still defines the constitutional landscape we live in today. When Richard Nixon campaigned for the presidency in 1968 he promised to change the Supreme Court. With four appointments to the court, including Warren E. Burger as the chief justice, he did just that. In 1969, the Burger Court succeeded the famously liberal Warren Court, which had significantly expanded civil liberties and was despised by conservatives across the country. The Burger Court is often described as a “transitional” court between the liberal Warren Court and the Rehnquist and Roberts Courts, a court where little of importance happened. But as Michael J. Graetz and Linda Greenhouse show, the Burger Court veered well to the right in such areas as criminal law, race, and corporate power. Even while declaring a right to abortion in Roe v. Wade , it drew the line at government funding for poor women. The authors excavate the roots of the most significant Burger Court decisions and show how their legacy affects us today. The most comprehensive evaluation of the Burger Supreme Court ever written for a general audience, The Burger Court and the Rise of the Judicial Right draws on the personal papers of the justices as well as other archives to reveal how the Court shaped its major decisions. It will surprise even legal scholars and historians with its insights into a period that has received too little attention from either. Présentation de l'éditeur : "A revelatory look at the Warren Burger Supreme Court finds that it was not moderate or transitional, but conservative-and it shaped today's constitutional landscape. It is an "important book...a powerful corrective to the standard narrative of the Burger Court" (The New York Times Book Review). When Richard Nixon campaigned for the presidency in 1968 he promised to change the Supreme Court. With four appointments to the court, including Warren E. Burger as the chief justice, he did just that. In 1969, the Burger Court succeeded the famously liberal Warren Court, which had significantly expanded civil liberties and was despised by conservatives across the country. The Burger Court is often described as a "transitional" court between the Warren Court and the Rehnquist and Roberts Courts, a court where little of importance happened. But as this "landmark new book" (The Christian Science Monitor) shows, the Burger Court veered well to the right in such areas as criminal law, race, and corporate power. Authors Graetz and Greenhouse excavate the roots of the most significant Burger Court decisions and in "elegant, illuminating arguments" (The Washington Post) show how their legacy affects us today. "Timely and engaging" (Richmond Times-Dispatch), The Burger Court and the Rise of the Judicial Right draws on the personal papers of the justices as well as other archives to provide "the best kind of legal history: cogent, relevant, and timely" (Publishers Weekly)." A revelatory look at the Warren Burger Supreme Court finds that it was not moderate or transitional, but conservative—and it shaped today's constitutional landscape. It is an "important book...a powerful corrective to the standard narrative of the Burger Court" ( The New York Times Book Review ). When Richard Nixon campaigned for the presidency in 1968 he promised to change the Supreme Court. With four appointments to the court, including Warren E. Burger as the chief justice, he did just that. In 1969, the Burger Court succeeded the famously liberal Warren Court, which had significantly expanded civil liberties and was despised by conservatives across the country. The Burger Court is often described as a "transitional" court between the Warren Court and the Rehnquist and Roberts Courts, a court where little of importance happened. But as this "landmark new book" ( The Christian Science Monitor ) shows, the Burger Court veered well to the right in such areas as criminal law, race, and corporate power. Authors Graetz and Greenhouse excavate the roots of the most significant Burger Court decisions and in "elegant, illuminating arguments" ( The Washington Post ) show how their legacy affects us today. "Timely and engaging" ( Richmond Times-Dispatch ), The Burger Court and the Rise of the Judicial Right draws on the personal papers of the justices as well as other archives to provide "the best kind of legal history: cogent, relevant, and timely" ( Publishers Weekly ). The magnitude of the Burger Court has been underestimated by historians. When Richard Nixon ran for president in 1968, "Impeach Earl Warren" billboards dotted the landscape, especially in the South. Nixon promised to transform the Supreme Court--and with four appointments, including a new chief justice, he did. This book tells the story of the Supreme Court that came in between the liberal Warren Court and the conservative Rehnquist and Roberts Courts: the seventeen years, 1969 to 1986, under Chief Justice Warren Burger. It is a period largely written off as a transitional era at the Supreme Court when, according to the common verdict, "nothing happened." How wrong that judgment is. The Burger Court had vitally important choices to make: whether to push school desegregation across district lines; how to respond to the sexual revolution and its new demands for women's equality; whether to validate affirmative action on campuses and in the workplace; whether to shift the balance of criminal law back toward the police and prosecutors; what the First Amendment says about limits on money in politics. The Burger Court forced a president out of office while at the same time enhancing presidential power. It created a legacy that in many ways continues to shape how we live today. Written with a keen sense of history and expert use of the justices' personal papers, this book sheds new light on an important era in American political and legal history.--Adapted from dust jacket Drawing On The Personal Papers Of Justices As Well As Other Archives, A First-of-its-kind Book Provides A Fresh Perspective At The Warren Burger Supreme Court, Digging Down To The Roots Of Its Most Significant Decisions And Shows How Their Legacy Affects Us Today,--novelist. The Fall And Rise Of The Death Penalty -- Taming The Trilogy -- Closing The Federal Courthouse Doors -- Still Separate, Still Unequal -- Seeking A Higher Education -- Privacy At A Price -- The Rocky Road To Sex Equality -- Expression And Repression -- A Religious People's Court -- Corporations Are People Too -- Battling Workplace Inequality -- Power And Its Abuse -- Richard Nixon In Warren Burger's Court -- Conclusion. Michael J. Graetz And Linda Greenhouse. Includes Bibliographical References And Index. Introduction: A counterrevolution reclaimed Part one: Crime. The fall and rise of the death penalty ; Taming the trilogy ; Closing the federal courthouse doors Part two: Race. Still separate, still unequal ; Seeking a higher education Part three: Social transformation. Privacy at a price ; The rocky road to sex equality ; Expression and repression ; A religious people's court Part four: Business. Corporations are people too ; Battling workplace inequality Part five: The Presidency. Power and its abuse ; Richard Nixon in Warren Burger's court Conclusion: A lasting legacy.