57) Given Nixon's agenda, also unsurprising was the Burger Court's slow but steady devolution of the Warren Court
criminal procedure decisions.
Sunstein, supra note 69, at 205 ("The Warren Court
If Brandeis had aligned himself with Holmes and Frankfurter, Meyer and Pierce would likely have been radioactive to Warren Court
Seismic shifts--including industrialization, the Lochner era and its expansionist response to the Progressive Era, two world wars, anti-McCarthyism, Vietnam, Watergate, stagflation, the constitutional "stretch" of the Burger and Warren Courts
triggering the birth of Originalism, and the First Gulf War--impacted American culture, economics, and politics.
is the Warren Court
, responsible for Brown, Loving, and Katz, three
37) So during the Warren Court
era, people become accustomed to the Supreme Court raising the floor of constitutional protection.
Connecticut, the 1965 Warren Court
decision often thought to have found a general constitutional right to privacy, Bork attempted to show that it is equally important to define principles with sufficient precision that they become capable of neutral application.
While Warren Court
defenders are likely flattered by such analogies, the comparison may not be warranted.
THE WARREN COURT
ADVANCED AND ENTRENCHED RIGHTS-BASED CONSTITUTIONALISM A.
Like previous courts, the fractious Warren court
that decided Brown made every effort to connect itself to existing law, and so it cast itself, as had courts before and after it, in the role of extending or filling in existing principles of law.
The Warren Court
didn't stop at banning school segregation.
The most famous case of the Warren Court
was Brown v.