The Burger Court And The Rise Of The Judicial Right
Introduction
The Burger Court was a period in the history of the United States Supreme Court from 1969 to 1986, under the leadership of Chief Justice Warren E. Burger. This period is characterized by the conservative and strict interpretation of the Constitution, which led to the rise of the judicial right. The decisions made during this period had a significant impact on American society and politics.
Background
Warren E. Burger was appointed as Chief Justice of the Supreme Court by President Richard Nixon in 1969. This appointment was seen as a victory for the conservative wing of the Republican Party, which had been pushing for a more conservative Supreme Court. The Burger Court was made up of a majority of conservative justices, which included Harry Blackmun, Lewis Powell, and William Rehnquist.
Key Decisions
During the Burger Court period, the Supreme Court made several key decisions that had a significant impact on American society. One of the most important decisions was Roe v. Wade, which legalized abortion in the United States. This decision was controversial and led to a rise in anti-abortion activism.
Another important decision was United States v. Nixon, which required President Nixon to turn over the Watergate tapes to the special prosecutor. This decision established that the President is not above the law and must comply with legal orders.
The Burger Court also made significant decisions related to civil rights, such as Griggs v. Duke Power Co., which established that employers cannot use practices that have a disparate impact on minorities, and Regents of the University of California v. Bakke, which established that affirmative action programs are constitutional but cannot use quotas.
Criticism
The Burger Court was criticized by some for its conservative and strict interpretation of the Constitution. Some argued that the Court was too focused on individual rights and not enough on social justice issues. Others criticized the Court for being too deferential to the government and not doing enough to protect civil liberties.
Legacy
The Burger Court had a significant impact on American society and politics. Its decisions on issues such as abortion, civil rights, and presidential power continue to be debated and shape the legal landscape of the United States. The Burger Court also contributed to the rise of the judicial right, which continues to have an impact on American politics today.
Conclusion
The Burger Court was a period of conservative and strict interpretation of the Constitution that had a significant impact on American society and politics. Its decisions on issues such as abortion, civil rights, and presidential power continue to be debated and shape the legal landscape of the United States. The Burger Court also contributed to the rise of the judicial right, which continues to have an impact on American politics today.
