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| | ==Early Professional Life== | | ==Early Professional Life== |
| − | Prior to serving on the Court, Warren had an impeccably conservative, pro-''status-quo'' record. As governor of [[California]], Warren had supervised the Japanese internments discussed in the famous ''Korematsu v. U.S.'' case, now reviled as an example of America at its worst. As such, President [[Dwight Eisenhower]] considered Warren a safe appointee to the [[Supreme Court]]. | + | Prior to serving on the Court, Warren was a prosecutor and politician. As governor of [[California]], Warren had supervised the Japanese internments discussed in the famous ''Korematsu v. U.S.'' case, now reviled as an example of America at its worst. President [[Dwight Eisenhower]] appointed Warren to the [[Supreme Court]] as a political payoff. |
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| | ===Brown v. Board of Education=== | | ===Brown v. Board of Education=== |
| − | Eisenhower belief that Warren would prove right-of-center was quickly proven wrong. Warren acceded to the position of [[Chief Justice]] while ''[[Brown v. Board of Education]]'' was being reargued at the behest of associate Justice [[Frankfurter]], who ordered reargument as a stalling tactic, to allow the Justice to gather a unanimous consensus around a liberal ''Brown'' opinion that would outlaw segregation. Associate Justice [[Vinson]] was one such stumbling block: a staunch conservative, Vinson was a strong believer in segregation.
| + | Warren acceded to the position of [[Chief Justice]] while ''[[Brown v. Board of Education]]'' was being reargued at the behest of associate Justice [[Frankfurter]], who ordered re-argument as a stalling tactic, to allow the Justice to gather a unanimous consensus around a liberal ''Brown'' opinion that would outlaw segregation. Associate Justice [[Vinson]] was one such stumbling block. |
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| − | As a result of his accession at this difficult time, liberals prayed that Warren would prove the uniter the Court needed to overrule ''[[Plessy v. Ferguson]]'', while conservatives prayed that Warren would either be unable or unwilling to do so. Warren quickly proved an effective leader, and much more liberal than Eisenhower had ever dreamed.
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| | Warren convened a meeting of the associate justices, and presented to them the simple argument that the only reason to sustain segregation was an honest belief in the inferiority of [[African American]]s. Warren further submitted that the Court must overrule ''Plessy'' to maintain its legitimacy as an institution of liberty, and it must do so unanimously to avoid massive Southern resistance. He began to build a unanimous opinion. | | Warren convened a meeting of the associate justices, and presented to them the simple argument that the only reason to sustain segregation was an honest belief in the inferiority of [[African American]]s. Warren further submitted that the Court must overrule ''Plessy'' to maintain its legitimacy as an institution of liberty, and it must do so unanimously to avoid massive Southern resistance. He began to build a unanimous opinion. |
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| | Although many justices were convinced, Warren spent some time after this famous speech convincing two holdouts for segregation to sign onto the opinion. The first (Justice Vinson) died during this initiative. The second finally decided to drop his dissent to what was by then a moderate opinion backed by the remaining six justices. | | Although many justices were convinced, Warren spent some time after this famous speech convincing two holdouts for segregation to sign onto the opinion. The first (Justice Vinson) died during this initiative. The second finally decided to drop his dissent to what was by then a moderate opinion backed by the remaining six justices. |
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| − | Warren's final opinion is considered a political masterwork, not just for his political gamesmanship, but for his general writing, making use of resources outside the law to prove the inherent inequality of segregation. Although the opinion generated staunch resistance, it generated considerably less than it would have absent Warren's leadership. | + | Liberals consider Warren's final opinion a political masterwork, not just for his political gamesmanship, but for his general writing, making use of dubious social science research to draw legal conclusions, and laying the groundwork for forced racial busing. |
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| | ===The Warren Court, Continued=== | | ===The Warren Court, Continued=== |
| − | Chief Justice Warren authored a number of other cases, such as the case defining American citizens' [[Miranda]] rights. | + | Chief Justice Warren authored a number of other cases, such as the case defining American citizens' [[Miranda]] rights. He was a judicial supremacist, and succeeded in asserting court power beyond what had previously been accepted. |
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| | ==References== | | ==References== |
| | <references/> | | <references/> |
| | Brest, Levinson, et al, "Processes of Constitutional Decisionmaking, Cases & Materials, 5th Ed.," pp 898-950. | | Brest, Levinson, et al, "Processes of Constitutional Decisionmaking, Cases & Materials, 5th Ed.," pp 898-950. |