Burger Supreme Court

Burger, Warren Earl

Warren Earl Burger, 1907–95, American jurist, 15th chief justice of the United States (1969–86), b. St. Paul, Minn. After receiving his law degree in 1931 from St. Paul College of Law (now Mitchell College of Law), he was admitted to the Minnesota bar and taught and practiced law in St. Paul. He was (1953–56) assistant attorney general in charge of the civil division of the Department of Justice before becoming judge of the U.S. Court of Appeals for the District of Columbia. Appointed to head the Supreme Court by President Nixon, and perceived as a conservative and an advocate of judicial restraint, Burger was less forceful than had been expected in limiting or reversing the liberal decisions of the court headed by his predecessor Earl Warren. Nonetheless, while comparatively strong in the area of women's rights, the Burger court did advance the conservative agenda in such areas as loosening constraints on police, prosecutorial discretion, and the use of illegally obtained evidence, leaving such decisions to prosecutors and state legislatures. In addition, his court tended to weaken laws pertaining to church-state separation, employment descrimination, suburban school integration, and various other areas. Burger was also a consistent advocate for administrative reform in the court system.

See M. J. Graetz and L. Greenhouse, The Burger Court and the Rise of the Judicial Right (2016).

The Columbia Encyclopedia, 6th ed. Copyright© 2018, The Columbia University Press.

Burger Supreme Court: Selected full-text books and articles

The Burger Court: Counter-Revolution or Confirmation? By Bernard Schwartz Oxford University Press, 1998
Judges on Judging: Views from the Bench By David M. O'Brien Chatham House Publishers, 1997
Librarian's tip: Chap. 1 The Doctrine of Judicial Review: Mr. Marshall, Mr. Jefferson, and Mr. Marbury" by Warren E. Burger and Chap. 12 "The Office of the Chief Justice: Warren E. Burger and the Administration of Justice"
A primary source is a work that is being studied, or that provides first-hand or direct evidence on a topic. Common types of primary sources include works of literature, historical documents, original philosophical writings, and religious texts.
The Decline and Fall of the Supreme Court: Living out the Nightmares of the Federalists By Christopher C. Faille Praeger Publishers, 1995
Librarian's tip: Chap. 5 "The Making of the Burger Court" and Chap. 7 "The Meaning of the Burger Court"
Decision: How the Supreme Court Decides Cases By Bernard Schwartz Oxford University Press, 1997
Librarian's tip: Chap. 5 "Burger Rebuffed"
Human Rights in the States: New Directions in Constitutional Policymaking By Stanley H. Friedelbaum Greenwood Press, 1988
Librarian's tip: Chap. 6 "Reactions of State Courts to Pro-Prosecution Burger Court Decisions"
Justices and Presidents: A Political History of Appointments to the Supreme Court By Henry J. Abraham Oxford University Press, 1992 (3rd edition)
Librarian's tip: Chap. 11 "The Burger Court: From Nixon to Reagan, 1969-1986"
The Justices of the United States Supreme Court: Their Lives and Major Opinions By Leon Friedman; Fred L. Israel Chelsea House, vol.4, 1997
Librarian's tip: "Warren E. Burger" begins on p. 1465
Redefining Equality By Neal Devins; Davison M. Douglas Oxford University Press, 1998
Librarian's tip: "The Burger and Rehnquist Courts" begins on p. 221
Abortion and American Politics By Barbara Hinkson Craig; David M. O'Brien Chatham House, 1993
Librarian's tip: Chap. 1 "Roe v. Wade, the Burger Court, and American Politics"
The Christian Burial Case: An Introduction to Criminal and Judicial Procedure By Thomas N. McInnis Praeger, 2001
Librarian's tip: "The Burger Court and the Exclusionary Rule" begins on p. 172
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