The Burger Court and the Rise of the Judicial Right, written by Linda Greenhouse, is an engaging and insightful analysis of the Supreme Court under the leadership of Chief Justice Warren Burger. Greenhouse’s book highlights how Chief Justice Burger and his colleagues on the Court reshaped judicial power and ideology from 1969 to 1986.
Greenhouse begins her book by illustrating the sentiment prior to Burger’s appointment as Chief Justice of the United States in 1969. Chief Justice Earl Warren, Burger’s predecessor, was seen as a symbol of liberalism, and many right-wing groups believed his Court posed a substantial threat to American values. With the election of President Richard Nixon, and the resignation of Chief Justice Warren in 1969, right-wing groups saw the opportunity to restore what they believed to be the dignity of the Court.
Greenhouse then takes an in-depth look at Burger’s tenure as Chief Justice and the new direction in which he steered the Court. First, she examines his affect on judicial decisions, noting how he often provided the decisive vote to change the ideological direction of the Court. She also evaluates Burger’s role in lessening judicial power and promoting conformity within the judiciary. For example, Burger’s refusal to allow oral arguments for all cases that appeared before the Court limited the Court’s consideration of facts and led to more unanimous decisions.
Greenhouse also explores how Burger, and the Court during his tenure, altered the meaning of the Fourteenth Amendment. During this period, the Burger Court took a broader view of the Amendment, allowing Congress to pass legislation that was originally prohibited by the Amendment. This enabled Congress to distinguish between classes, or people, and to pass legislation that disproportionately affected minority and economically disadvantaged groups.
Greenhouse goes on to review how the Burger Court also enabled the rise of the New Right, a political faction composed of social conservatives, anti-feminists, and anti-affirmative action groups. She shows how the Burger Court’s decisions, such as Roe v. Wade in 1973 and Bakke in 1978, ushered in a new era of reproductive rights and a colourblind approach to college admission, respectively. The Burger Court’s decisions also assisted the New Right’s mission to overturn the Roe decision. The Court’s 1986 decision Planned Parenthood v. Casey overruled Roe and further alienated activists and women’s rights groups.
Greenhouse also reminds readers of the Burger Court’s legacy, which included greater judicial restraint and the proliferation of the New Right. Finally, she emphasizes the Court’s continued vulnerability to political pressure, noting the difficulty of protecting foundational constitutional rights when the nation is divided politically.
Overall, Linda Greenhouse’s The Burger Court and the Rise of the Judicial Right is an excellent account of the impact of Chief Justice Warren Burger’s tenure and the legacy of the Burger Court. Greenhouse successfully demonstrates that Burger and his colleagues on the Court reshaped judicial power and ideology from 1969 to 1986. This book is essential reading for anyone looking to gain deeper insight into the judicial system during periods of political divide.
