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Berger's flood gate opening for the idea that the Second Amendment was nothing but a collective right.
Chief Justice Burger was famously known as someone who "looked the part," dignified in appearance with silver hair and possessing social skills that worked well among top officials in [[Washington, D.C.]]. But his loosely reasoned opinions became fodder for use by the [[liberal]] wing of the Court, as his ''[[Lemon v. Kurtzman]]'' opinion on the [[Establishment Clause]] became a leading precedent for driving religion out of public life. Chief Justice Burger was unable to hold for very long the support of Associate Justice [[Harry Blackmun]], who was appointed by President [[Richard Nixon]] on the hope that Justice Blackmun would follow the lead of his Minnesota colleague.
Chief Justice Burger was famously known as someone who "looked the part," dignified in appearance with silver hair and possessing social skills that worked well among top officials in [[Washington, D.C.]]. But his loosely reasoned opinions became fodder for use by the [[liberal]] wing of the Court, as his ''[[Lemon v. Kurtzman]]'' opinion on the [[Establishment Clause]] became a leading precedent for driving religion out of public life. Chief Justice Burger was unable to hold for very long the support of Associate Justice [[Harry Blackmun]], who was appointed by President [[Richard Nixon]] on the hope that Justice Blackmun would follow the lead of his Minnesota colleague.
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.
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==
==External links==
==External links==
* [https://www.oyez.org/justices/warren_e_burger/ Warren E. Burger - Oyez]
* [https://www.oyez.org/justices/warren_e_burger/ Warren E. Burger - Oyez]
{{USChiefJustices}}
{{Supreme Court|burger=y}}
{{Supreme Court|burger=y}}