The Burger Court

The Burger Court

Introduction:

The Burger Court, named after Chief Justice Warren Burger, was thought to be a new force of conservatism in politics, but in actuality, Chief Justice Burger expanded what were thought to be liberal policies and furthered the cause of integration. This came as a surprise to many as Nixon, a Republican, had appointed Burger to replace Warren, but like many other of Nixon’s actions, it proved to defy preconceptions.

Notable Cases:

The Burger Court was responsible for verdicts in numerous cases that shaped the era of the late twentieth century. In New York Times v. The United States (1971), the Court permitted newspapers, such as the New York Times, to publish the Pentagon Papers, a series of secret Department of Defense documents. The court used the concept of freedom of press to justify its decision. Another important and controversial case under the Burger Court was Roe v. Wade (1973). This case became associated with abortion, and the Court upheld a woman’s right to privacy and a woman’s decision to have an abortion. This case was incredibly controversial at the time, and is still relevant today as a prominent political issue. Finally, the Burger Court also gave the decision in Swann v. Charlotte-Mecklenburg Board of Education (1971) and upheld the process of busing and upheld a lower court’s decision for extensive transportation to schools, which would lead to faster integration in schools.

Impacts:

Cases such as the Swann Case impacted thousands of schools across the nation, and sped integration in the South. In fact, schools in the South were more integrated than schools in the North, demonstrating the influence of the Swann Case. In Roe v. Wade, women were allowed to choose whether or not to have an abortion, which would become a notorious political issue. It took extreme confidence to give a decision to the topic of abortions, and may not have occurred without Burger, showing his influence on the court. Finally, in the Times v. the US, freedom of the press was given precedent and was proved constitutional, which would allow the growth of the mainstream media in the following years. The Burger Court was involved in numerous other decisions, all of which shaped the course of American history during the time. It is important to remember that while the judicial branch of the government is not always at the center of attention, it plays a significant role into American politics, and determines the future of our country.

Sources:

Give Me Liberty (textbook)

https://en.wikipedia.org/wiki/Burger_Court