The Warren Court

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The Warren Court

• the Warren Court (1953-1969) is known for its decisions in the area of civil liberties and civil rights

• revolutionized constitutional law and U.S. society

• the number of civil liberties cases increased every year

• during the 1968 Richard Nixon ran for president criticizing the Court as being soft on criminal procedure and moving too fast on civil liberties

The Burger Court

• Nixon appointed four justices—including naming Warren Burger as the chief justice

• The Burger Court (1969-1986) is known as more conservative than the Warren court but not for a constitutional counterrevolution

• many of the Warren Court precedents were upheld

• the Burger Court was characterized by pragmatism and compromise

The Rehnquist Court

• the Rehnquist Court (1986-2005) has been successful in cementing conservative principles in the legal doctrine

• a firm voting bloc of five justices (Rehnquist,

Scalia, Thomas, Kennedy, O’Connor) decided a large number of cases

• one observer characterized the era as a

“clear break from a time when the Court was an engine of social change.”

• interested in curbing federal power and leave most matters to the states

The Roberts Court

• the Roberts Court (2005 -) is brand new

• the addition of Roberts as chief justices and associate justice Samuel Alito (replacing

Sandra Day O’Connor) brings additional ideologically conservative decisions

• Roberts joined the Court with impeccable legal credentials, setting the bar high for the next nominee

• Roberts is young – the impact of the Roberts

Court will be felt for many years to come

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