By Bernard Schwartz
A judge-made revolution? The very time period turns out an oxymoron, but this is often precisely what the ultimate court docket below leader Justice Earl Warren completed. In Bernard Schwartzs most up-to-date paintings, in line with a convention on the collage of Tulsa collage of legislations, we get the 1st retrospective at the Warren Court--a unique research of the Courts accomplishments, together with unique items via famous judges, professors, legal professionals, well known writers equivalent to Anthony Lewis, David Halberstam, David J. Garrow, and an extraordinary own remembrance via Justice William J. Brennan, Jr.The Warren court docket: A Retrospective starts off with an exam of the Courts judgements in numerous assorted fields, resembling equivalent safeguard, freedom of speech, freedom of the clicking, and legal legislation. The paintings keeps with The Justices, an intimate examine the vital protagonists within the Courts operation. Then, in A Broader point of view, the e-book appears on the courtroom from an ancient point of view, demonstrating its impression at the felony occupation and jurisprudence, its foreign effect, and its legacy.Both readable and informative, The Warren court docket: A Retrospective offers a useful resource for somebody attracted to the court docket that did a lot to alter the US.
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A judge-made revolution? The very time period turns out an oxymoron, but this can be precisely what the best courtroom below leader Justice Earl Warren completed. In Bernard Schwartzs most up-to-date paintings, in response to a convention on the college of Tulsa university of legislations, we get the 1st retrospective at the Warren Court--a unique research of the Courts accomplishments, together with unique items via famous judges, professors, legal professionals, well known writers resembling Anthony Lewis, David Halberstam, David J.
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Additional resources for The Warren Court: A Retrospective
Notwithstanding these developments, not all was bleak for claimants of racial discrimination before the Burger Court. }S3 In an opinion authored by Chief Justice Burger, Swann v. Charlotte-Mecklenburg Board of Education154 considered both the affirmative obligation of a school board "to eliminate ... all vestiges of state-imposed segregation," and the scope of the judicial authority to act in the absence of school board compliance with the edict of Brown. Approved as appropriate remedial measures were (i) the requirement of a specified mathematical ratio as "a starting point in the process of shaping a remedy"; (2) retention of one-race schools only if the school board demonstrated the absence of present or past discriminatory action as causative of that status; (3) the rearrange- Race and Equality • 35 ment of school districts; and (4) busing.
61 In the closing years of the Warren era, this pattern was perhaps simply too much for Green to overcome. One other area in which the Warren Court made significant strides in the protection of minority interests under the Equal Protection Clause deserves mention—namely, reapportionment. The first major case to reach the Supreme Court challenging congressional districting was Colegrove v. b2 The plaintiffs in Colegrove argued that the districting plan lacked the appropriate geographical compactness as well as approximate equality of population.
I]t is far too late to argue that the guarantee of equal protection to all persons permits the recognition of special wards entitled to a degree of protection greater than that others. . The concepts of "majority" and "minority" necessarily reflect temporary arrangements and political judgments. . There is no principled basis for deciding which groups would merit "heightened judicial solicitude" and which would not. " Yet candor requires acknowledgment that the Framers of our Constitution, to forge the 13 Colonies into one Nation, openly compromised this principle of equality with its antithesis: slavery.