When presented with opportunities to build on the work of its predecessor, the Burger Court declined to extend Warren Court
precedents and, instead, distinguished them away.
During that "thrilling" year, (28) Fiss watched the unassuming Marshall resist Second Circuit powerhouses like Henry Friendly, who disapproved of the Warren Court
's criminal procedure revolution.
Besides that, some of the Warren Court
's objectives had been accomplished, (51) so further expansions of criminal defendants' rights might not have been justified.
Brent Bozell, Raoul Berger, and Robert Bork was developed explicitly to counter the Warren Court
Even before Miranda, the Warren Court
was particularly concerned with the privilege against self-incrimination.
A linear regression of the BFI on the term variable shows that the BFI is flat during the Vinson years (1946-1952) and dips slightly (though significantly so) during the Warren Court
era (1953-1968), (44) dropping by about 0.6% with each passing term.
Of all that the Warren Court
did to make constitutional law "fair," as Chief Justice Earl Warren so often demanded that it be, the Gideon decision was its noblest effort.
Stone's understanding of the Court's proper role became a template for the jurisprudence of the Roosevelt and Warren courts
and has not been successfully disavowed by any subsequent court.
During the time of the Warren Court
, the Supreme Court made specific clauses of the Bill of Rights applicable to the states, extended the right to counsel to all indigent defendants, established that suspects to a crime should be informed of their rights, and created, in Mapp, what has come to be known as the "poisonous tree doctrine" by disallowing the use of illegally seized evidence at trial.
Unfortunately, as Bork observed, "it would not be amiss to point out that the principles required of the Warren Court
's decisions never did put in an appearance." According to Bork, judicial review by the Warren Court
was founded on a flawed premise: that courts must 'make fundamental value choices' in order to "protect our constitutional rights and liberties." But if the Constitution already makes those fundamental value choices, then for the Court to do so is profoundly illegitimate.
Originalism became best known as a Reagan era conservative reaction to the Warren Court
era and the desire to restrain what was perceived as judicial activism.
Although the Warren Court
was an exception, the chief historical role of the federal courts has been to say no to democratically enacted social reform.