Changes

The Brown decision was a powerful moral statement clad in a weak constitutional analysis; Warren was never a legal scholar on a par with Frankfurter or a great advocate of particular doctrines, as was Black. Instead, he believed that in all branches of government common sense, decency,  and elemental justice were decisive, not stare decisis, tradition or the text of the Constitution.  He wanted results. He never felt that doctrine alone should be allowed to deprive people of justice. He felt racial segregation was simply wrong, and Brown, whatever its doctrinal defects, remains a landmark decision primarily because of Warren's majestic interpretation of the equal protection clause to mean that children should not be shunted to a separate world reserved for minorities.

The Brown decision was a powerful moral statement clad in a weak constitutional analysis; Warren was never a legal scholar on a par with Frankfurter or a great advocate of particular doctrines, as was Black. Instead, he believed that in all branches of government common sense, decency,  and elemental justice were decisive, not stare decisis, tradition or the text of the Constitution.  He wanted results. He never felt that doctrine alone should be allowed to deprive people of justice. He felt racial segregation was simply wrong, and Brown, whatever its doctrinal defects, remains a landmark decision primarily because of Warren's majestic interpretation of the equal protection clause to mean that children should not be shunted to a separate world reserved for minorities.

====Reapportionment====

===Reapportionment===

Warren's priority on fairness shaped other major decisions. In 1962, over the strong objections of Frankfurter, the Court agreed that questions regarding malapportionment in state legislatures were not political issues, and thus were not outside the Court's purview. For years underpopulated rural areas had deprived metropolitan centers of equal representation in state legislatures. In Warren's California, Los Angeles County had only one state senator.  Cities had long since passed their peak, and now it was the middle class suburbs that were underepresented. Frankfurter insisted that the Court should avoid this "political thicket" and warned that the Court would never be able to find a clear formula to guide lower courts in the rash of lawsuits sure to follow.  

Warren's priority on fairness shaped other major decisions. In 1962, over the strong objections of Frankfurter, the Court agreed that questions regarding malapportionment in state legislatures were not political issues, and thus were not outside the Court's purview. For years underpopulated rural areas had deprived metropolitan centers of equal representation in state legislatures. In Warren's California, Los Angeles County had only one state senator.  Cities had long since passed their peak, and now it was the middle class suburbs that were underepresented. Frankfurter insisted that the Court should avoid this "political thicket" and warned that the Court would never be able to find a clear formula to guide lower courts in the rash of lawsuits sure to follow.  

Frankfurter retired and President [[Lyndon B. Johnson]] named labor lawyer [[Arthur Goldberg]] to replace him. Goldberg gave Warren the fifth vote for the majority the activists wanted. [[William Brennan]], a liberal Democrat appointed by Eisenhower in 1956, was the intellectual leader of the activist faction that included Black and Douglas. Brennan complemented Warren's political skills with the strong legal skills Warren lacked. Warren and Brennan met before the regular conferences to plan out their strategy.   

Frankfurter retired and President [[Lyndon B. Johnson]] named labor lawyer [[Arthur Goldberg]] to replace him. Goldberg gave Warren the fifth vote for the majority the activists wanted. [[William Brennan]], a liberal Democrat appointed by Eisenhower in 1956, was the intellectual leader of the activist faction that included Black and Douglas. Brennan complemented Warren's political skills with the strong legal skills Warren lacked. Warren and Brennan met before the regular conferences to plan out their strategy.   

====Due process revolution====

===Due process revolution===

While most Americans eventually agreed that the Court's desegregation and apportionment decisions were fair and right, disagreement about the "due process revolution" continues today.  Warren took the lead in criminal justice. Warren, despite his years as a tough prosecutor, always insisted that the police must play fair or the accused should go free. Warren was privately outraged at what he considered police abuses that ranged from warrantless searches to forced confessions.  

While most Americans eventually agreed that the Court's desegregation and apportionment decisions were fair and right, disagreement about the "due process revolution" continues today.  Warren took the lead in criminal justice. Warren, despite his years as a tough prosecutor, always insisted that the police must play fair or the accused should go free. Warren was privately outraged at what he considered police abuses that ranged from warrantless searches to forced confessions.