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The Burger Court

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SCOTUS
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Cases by term
Judgeships
Posts: 9
Judges: 9
Judges
Chief: John Roberts
Active: Samuel Alito, Amy Coney Barrett, Neil Gorsuch, Ketanji Brown Jackson, Elena Kagan, Brett Kavanaugh, John Roberts, Sonia Sotomayor, Clarence Thomas



The Burger Court lasted from June 1969 to September 1986, during the presidencies of Richard M. Nixon (R), Gerald Ford (R), Jimmy Carter (D), and Ronald Reagan (R).

Warren Burger was nominated as Chief Justice of the United States Supreme Court by President Nixon on May 23, 1969. Burger was confirmed by the United States Senate on June 9, 1969, and was commissioned on June 23, 1969. Burger was the fifteenth Chief Justice in the history of the Supreme Court. He stepped down as Chief Justice on September 26, 1986, when he assumed senior status.[1][2][3]

About Chief Justice Warren Burger

Prior to joining the Supreme Court, Burger was a judge of the United States Court of Appeals for the District of Columbia Circuit from 1956 to 1969. He was nominated for the court by President Dwight D. Eisenhower (R). Previously, Eisenhower appointed Burger as an Assistant Attorney General of the United States, to serve as Chief of the Civil Division of the United States Department of Justice.[4]

While Chief Justice, Burger was appointed by President Ronald Reagan (R) to serve as Chairman of the Commission on the Bicentennial of the United States Constitution. He served in this position from 1985 until 1992.[4]

Associate justices

The justices in the following table served on the court during Burger's tenure as Chief Justice.

Tenure Justice Nominated By
1937-1971 Hugo Black Franklin D. Roosevelt
1939-1975 William Douglas Franklin D. Roosevelt
1955-1971 John Harlan II Dwight D. Eisenhower
1956-1990 William Brennan Dwight D. Eisenhower
1958-1981 Potter Stewart Dwight D. Eisenhower
1962-1993 Byron White John F. Kennedy
1967-1991 Thurgood Marshall Lyndon B. Johnson
1970-1994 Harry Blackmun Richard M. Nixon
1972-1987 Lewis Powell Richard M. Nixon
1972-1986 William Rehnquist Richard M. Nixon
1975-2010 John Paul Stevens Gerald Ford
1981-2006 Sandra Day O'Connor Ronald Reagan

Major cases

Details
Author: Warren Burger

Vote Count: 9-0

Majority Justices: Black, Douglas, Harlan, Brennan, Stewart, White, Marshall, Blackmun


Swann v. Charlotte-Mecklenburg Board of Education (1971)

Despite the decision in Brown v. Board of Education, desegregation of public schools across the nation was occurring at different speeds. In Charlotte, North Carolina, Black students were still attending schools where the majority of students were of the same race. On April 20, 1971, the Supreme Court ruled unanimously that violations of previous desegregation mandates were subject to remedy by U.S. district courts, authorized with a broad and flexible scope. The court held that 1) remediation must be judged by effectiveness and starting with a review of student ratios was acceptable, 2) the court held that predominantly or exclusively Black schools required close court scrutiny, 3) non-contiguous attendance zones as temporary solutions were permitted, and 4) no strict guidelines could be used to determine busing students to schools.[5]

Details
Author: Warren Burger

Vote Count: 8-0

Majority Justices: Brennan, Stewart, Marshall, Blackmun

Concurring Justices: Douglas, White


United States v. United States District Court for the Eastern District of Michigan (1972)

The United States government used wiretapping and electronic surveillance to monitor three people they alleged were conspiring to destroy government property and to bomb the Central Intelligence Agency. As part of this surveillance, they recorded conversations of the suspects. The government took these actions without a warrant. On June 19, 1972, the Supreme Court found that the warrantless actions were a violation of the suspects' Fourth Amendment rights. The court held that .[6]

Details
Vote Count: 5-4

Concurring Justices: Douglas, Brennan, Stewart, White, Marshall

Dissenting Justices: Burger, Blackmun, Powell, Rehnquist


Furman v. Georgia (1972)

Furman was convicted of murder and given the death penalty after accidentally killing someone during a home burglary. This case was heard along with Jackson v. Georgia and Branch v. Texas to determine whether or not the death penalty was cruel and unusual punishment, prohibited by the Eighth Amendment. The court decided that it was administered cruelly and unusually, but that use of capital punishment did not violate the Constitution. This decision prescribed state legislatures to consider how to avoid death penalty sentences that were discriminatory. Two Justices, Brennan and Marshall, believed the death penalty was always unconstitutional.[7]

Details
Vote Count: 7-2

Majority Justices: Blackmun (author), Marshall, Brennan, Powell

Concurring Justices: Burger, Douglas, Stewart

Dissenting Justices: White, Rehnquist


Roe v. Wade (1973)

When Texas resident Roe sought to terminate her pregnancy for reasons other than to save her life, Texas law forbade it. States had the authority to regulate abortions and forty-six states restricted the procedure in some way. (Only four states, Alaska, Hawaii, New York, and Washington, had no law restricting abortions.) On January 22, 1973, the court held that the right to terminate a pregnancy was guaranteed by the Fourteenth Amendment's right to privacy. This ruling gave individuals the ability to make the decision whether to terminate a pregnancy before "viability". Viability refers to the ability to live outside the womb, usually occurring 24 to 28 weeks after conception.[8]

The Supreme Court overturned the Roe decision in Dobbs v. Jackson Women’s Health Organization on June 24, 2022. In a 6-3 decision, the court upheld the Mississippi abortion law at issue, and in a 5-4 vote, the court found that there was no right to abortion under the U.S. Constitution.[9]

Details
Author: Warren Burger

Vote Count: 8-0

Majority Justices: Douglas, Brennan, Stewart, White, Marshall, Blackmun, Powell


United States v. Nixon (1974)

Seven of President Richard Nixon's closest aides were indicted by a grand jury. The special prosecutor appointed by Nixon and the aides sought to obtain audio tapes recorded in the Oval Office. However, Nixon argued that he did not have to comply with the subpoena because of executive privilege. The doctrine of executive privilege relates to a president's confidentiality power. This case was decided along with Nixon v. United States. On July 24, 1974, the court ruled that Nixon could not assert executive privilege in order to withhold the audio tapes. As a result of the decision, Nixon produced the tapes and documents requested. Nixon resigned from office on August 8, 1974.[10]

Details
Author: Warren Burger

Vote Count: 7-2

Majority Justices: Brennan, Marshall, Blackmun, Stevens, O'Connor

Concurring Justices: Powell

Dissenting Justices: White, Rehnquist


Immigration and Natural Services v. Chadha (1983)

Chadha stayed in the United States with an expired visa and admitted he was eligible for deportation. According to a section of the Immigration and Nationality Act, Congress could vote to deport someone. As a result, the House of Representatives voted without argument or recorded vote to deport Chadha. On June 23, 1983, the court decided in favor of Chadha, saying that although the section of the Immigration and Nationality Act used by the House of Representatives could lead to efficiency, it violated the Constitution.[11]

Details
Author: Byron R. White

Vote Count: 5-4

Majority Justices: Rehnquist, O'Connor

Concurring Justices: Burger, Powell

Dissenting Justices: Brennan, Marshall, Blackmun, Stevens


Bowers v. Hardwick (1986)

A Georgia police officer witnessed Michael Hardwick engaging in consensual sodomy in the bedroom of his home. The officer arrested Hardwick for sodomy. At that time, 24 states had laws criminalizing sexual conduct involving same-sex partners. On June 30, 1986, the court held that the Constitution did not afford protection for sodomy and that states had the right to make laws against it.[12]

About the court

See also: Supreme Court of the United States


The Supreme Court of the United States is the highest judicial body in the country and leads the judicial branch of the federal government. It is often referred to by the acronym SCOTUS.[13]

The Supreme Court consists of nine justices: the Chief Justice of the United States and eight Associate Justices. The justices are nominated by the president and confirmed with the "advice and consent" of the United States Senate per Article II of the United States Constitution. As federal judges, the justices serve during "good behavior," which means that justices have tenure for life unless they are removed by impeachment and subsequent conviction.[14]

On January 27, 2022, Justice Stephen Breyer officially announced he would retire at the start of the court's summer recess.[15][16] Breyer assumed senior status on June 30, 2022.[17] Ketanji Brown Jackson was confirmed to fill the vacancy by the Senate in a 53-47 vote on April 7, 2022.[18] Click here to read more.

The Supreme Court is the only court established by the United States Constitution (in Article III); all other federal courts are created by Congress.

The Supreme Court meets in Washington, D.C., in the United States Supreme Court building. The Supreme Court's yearly term begins on the first Monday in October and lasts until the first Monday in October the following year. The court generally releases the majority of its decisions in mid-June.[14]

Number of seats on the Supreme Court over time

See also: History of the Supreme Court
Number of Justices Set by Change
Chief Justice + 5 Associate Justices Judiciary Act of 1789
Chief Justice + 4 Associate Justices Judiciary Act of 1801 (later repealed)
-1
Chief Justice + 6 Associate Justices Seventh Circuit Act of 1807
+2
Chief Justice + 8 Associate Justices Eighth and Ninth Circuits Act of 1837
+2
Chief Justice + 9 Associate Justices Tenth Circuit Act of 1863
+1
Chief Justice + 6 Associate Justices Judicial Circuits Act of 1866
-3
Chief Justice + 8 Associate Justices Judiciary Act of 1869
+2


See also


External links

Footnotes

  1. ↑ Federal Judicial Center, "Burger, Warren Earl," accessed December 10, 2021
  2. ↑ Public Broadcasting Service, "Biographies of the Robes: Warren Earl Burger," accessed December 10, 2021
  3. ↑ Oyez.org, "Warren E. Burger," accessed December 10, 2021
  4. ↑ 4.0 4.1 The Supreme Court Historical Society, "Warren E. Burger, 1969-1986," archived May 22, 2011
  5. ↑ Oyez, Swann v. Charlotte-Mecklenburg Bd. of Ed. decided April 20, 1971
  6. ↑ Oyez, United States v. U.S. District Court, decided June 19, 1972
  7. ↑ Oyez, Furman v. Georgia, decided June 29, 1972
  8. ↑ Oyez, Roe v. Wade, decided January 22, 1973
  9. ↑ U.S. Supreme Court, Dobbs v. Jackson Women’s Health Organization, decided June 24, 2022
  10. ↑ Oyez, United States v. Nixon, decided July 24, 1974
  11. ↑ Oyez, Immigration and Natural Services v. Chadha, decided June 23, 1983
  12. ↑ Oyez, Bowers v. Hardwick, decided June 30, 1986
  13. ↑ The New York Times, "On Language' Potus and Flotus," October 12, 1997
  14. ↑ 14.0 14.1 SupremeCourt.gov, "A Brief Overview of the Supreme Court," accessed April 20, 2015
  15. ↑ United States Supreme Court, "Letter to President," January 27, 2022
  16. ↑ YouTube, "President Biden Delivers Remarks on the Retirement of Supreme Court Justice Stephen Breyer," January 27, 2022
  17. ↑ Federal Judicial Center, "Breyer, Stephen Gerald," accessed April 13, 2023
  18. ↑ Congress.gov, "PN1783 — Ketanji Brown Jackson — Supreme Court of the United States," accessed April 7, 2022
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History of the Supreme Court
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