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The Burger Court and the Rise of the Judicial Right

The Burger Court and the Rise of the Judicial Right

by Michael J. Graetz and Linda Greenhouse,
The Huffington Post, July 7, 2016

In August, 1986, a month before Warren Burger retired as Chief Justice of the United States Supreme Court, Justice Lewis Powell declared that there had been no counterrevolution by the Burger Court: “None of the landmark decisions of the Warren Court were overruled, and some were extended.” Responding to criticism that the Burger Court “lacked a sense of direction,” Powell added that “these observations should make little sense. The great strength of the Supreme Court is that we have no policy or purpose other than ‘faithfully and impartially’ to discharge our duties ‘agreeably to the Constitution and laws of the United States.’”

 

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