Changes

Jump to navigation Jump to search
615 bytes added ,  00:31, March 13, 2024
Berger's flood gate opening for the idea that the Second Amendment was nothing but a collective right.
Line 27: Line 27:     
In ''[[Roe v. Wade]]'', Chief Justice Burger voted with the majority of the court in favor of [[abortion]] but supposedly only did so to enable him to assign the writing of the opinion to Justice Blackmun rather than to Justice [[William Brennan]], who was expected to write a more liberal decision.<ref>The Chief Justice has the power to assign who writes the opinion for the side that he is on; the writer of the opinion on the other side is determined by the most senior judge on that side.</ref>  As it turned out, Justice Brennan had tremendous influence over the writing of the decision anyway. Burger would later abandon ''Roe'' in his dissent in ''Thornburgh v. American College of Obstetricians and Gynecologists'' (1986).
 
In ''[[Roe v. Wade]]'', Chief Justice Burger voted with the majority of the court in favor of [[abortion]] but supposedly only did so to enable him to assign the writing of the opinion to Justice Blackmun rather than to Justice [[William Brennan]], who was expected to write a more liberal decision.<ref>The Chief Justice has the power to assign who writes the opinion for the side that he is on; the writer of the opinion on the other side is determined by the most senior judge on that side.</ref>  As it turned out, Justice Brennan had tremendous influence over the writing of the decision anyway. Burger would later abandon ''Roe'' in his dissent in ''Thornburgh v. American College of Obstetricians and Gynecologists'' (1986).
 +
 +
==Later life==
 +
Berger was one of the first people to advance the notion that the [[Second Amendment]] was never for individuals but was instead a "collective right".  He wrote in 1990 an article in Parade Magazine arguing that the amendment only had a limited context based on the needs of only a state and was never intended for individuals.<ref>[https://guncite.com/burger.html The Right To Bear Arms], By Warren E. Burger, Chief Justice of the United States (1969-86), Parade Magazine, January 14, 1990, page 4</ref><ref>[https://davekopel.org/2A/Mags/crburger.htm Warren Burger and the Second Amendment]</ref>
    
==Further reading==
 
==Further reading==
Block, SkipCaptcha, Upload, Automoderated users, edit, move, protect, rollback
9,147

edits

Navigation menu