Warren, Earl 1891-1974

WARREN, EARL 1891-1974

CHIEF JUSTICE OF THE U.S. SUPREME COURT

A Revolution Made by Judges

President Dwight D. Eisenhower once called his appointment of Earl Warren to the Chief Justice of the United States "the biggest damnfool mistake I ever made." Eisenhower regretted his choice because he had appointed Warren for his "integrity, honesty, and middle-of-the-road philosophy"—and while Warren's tenure on the Supreme Court certainly embodied those first two qualities, it just as certainly rejected the third. In fact, under Warren the Court practiced what is called "judicial activism," rejecting the tendency of more-conservative Courts to make decisions based on precedent, following the reasoning and authority of earlier, similar decisions. The Warren court frequently overruled earlier decisions, greatly expanding Americans' civil and individual rights even when there was no precedent for such rulings. The changes in the constitutional rights of Americans during the Warren-court era have been described as "a revolution made by judges."

Early Career

Earl Warren was born in Los Angeles on 19 March 1891. His father, a Norwegian immigrant, worked as a railroad car repairman. The young Warren worked his way through college and law school at the University of California, Berkeley; he was employed at odd jobs, including railroad callboy, mechanic's helper, and iceman. After being admitted to the California bar in 1914, Warren practiced law in San Francisco until World War I. After the war, Warren became a $150-a-month assistant prosecutor for Alameda County, California. He was elected district attorney of Alameda County in 1925. Warren next ran for and won the office of state attorney general in 1939. In 1942 he was elected governor of California. Californians were so fond of the governor that he was endorsed by both the Democratic and Republican parties before he won the 1946 governor's race.

A Controversial Appointment

Warren had been regarded throughout the early part of his career as a staunch, law-and-order Republican. His successful tenure as California's governor, as well as his position as Thomas Dewey's running mate on the 1948 GOP presidential ticket, had made him one of that party's most prominent members. When the Republicans regained the presidency in 1952, therefore, Warren expected to have a role in the Eisenhower administration. That role, after the unexpected death of Chief Justice Fred Vinson in September 1953, turned out to be as presiding judge in the highest court in America. It was a somewhat controversial appointment, the first—but by no stretch the greatest—controversy that marked Warren's association with the Supreme Court.

"Super Chief."

For Warren, who was used to having the resources of a large state government under his control, being chief justice was considerably different from being governor of California. The chief has no direct power to command his fellow justices, but he does preside over the open court and the conferences in which the justices discuss decisions. Perhaps most important, the chief assigns the writing of opinions—essays explaining the reasons for the Court's decision and specifying how the decision should be applied. This job is vital to determining the evolution of the law, but also to maintaining harmony on the Court. Chief Justice Warren found that he had to tread carefully in order to keep the peace between the Court's great rivals: Justices Felix Frankfurter and Robert H. Jackson on the conservative side, and their opponents, the liberal justices Hugo L. Black and WilliamO. Douglas. The justices of the Warren court, who all had more judicial experience than their chief, agreed that Warren assigned opinions and presided over discussions and oral arguments fairly and diplomatically.

Stepping Down

After Robert Kennedy's assassination, Warren feared that nothing could stop Richard M. Nixon from winning the 1968 presidential race. The two men had been bitter enemies since their days as California politicians nearly twenty years before. At age seventy-seven, the chief justice knew that he could not outlast a four-year conservative administration. To prevent Nixon from appointing his successor, Warren submitted his resignation to President Lyndon Johnson on 11 June 1968.

A Campaign Issue

Nixon's campaign had made the Warren court a major issue. He accused the court of "seriously weakening the peace forces and strengthening the criminal forces in our society," and he promised to appoint only justices who would "interpret, not try to make laws." Warren turned to President Johnson to appoint "someone who felt as he did" to the position of chief justice. The plan never worked, however. Johnson's planned replacement, Justice Abe Fortas, failed to pass the Senate confirmation, and Warren was unable to retire until after Nixon's election. President Nixon appointed Warren E. Burger as Warren's successor, and the Senate confirmed Burger overwhelmingly. Warren continued to be active in government, giving speeches and attending conferences and ceremonies. He died following a heart attack on 9 July 1974.

Sources:

Bernard Schwartz, Super Chief: Earl Warren and His Supreme Court (New York: New York University Press, 1983);

John Downing Weaver, Warren: The Man, the Court, and the Era (Boston & Toronto: Little, Brown, 1967).