The Volokh Conspiracy
Mostly law professors | Sometimes contrarian | Often libertarian | Always independent
Today in Supreme Court History: March 19, 1891
3/19/1891: Chief Justice Earl Warren's birthday.
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Legal history arcana: There was a 13th century "Earl Warren" -- the writ of Quo Warranto ("Under what right do you claim this land?") was new at the time. The king, Edward I, sent to him asking him by what right he held his tenure, and he drew his sword to the messenger and said, essentially: "This one."
Fits with the latter-day one's jurisprudence, actually.
https://books.google.com/books?id=elsUAAAAQAAJ&newbks=1&newbks_redir=0&dq=%22earl%20warren%22%20sword&pg=PA66#v=onepage&q=%22earl%20warren%22%20sword&f=false
The Warren Court was the greatest Court. No question about that.
For once, it did not act as a brake on needed reform, and for once, it acted like Lady Justice, giving equal rights to the poor and dispossessed. How Warren -- responsible for the internment of Japanese Americans when Governor of California -- grew into his role is inspiring.
Eisenhower reportedly said that his biggest mistake as President was nominating "that dumb son of a bitch Earl Warren."
He also told Justice Brennan that the issue in Brown v Board was that people didn't want their white daughter sitting next to some "big black buck."
Maybe not in the eyes of those who regarded appeasing Joe McCarthy as a good idea, or figured letting the party pick Nixon rather than engaging in leadership on that point was a good move.
In other words, the culture war casualties. Our society's losers.