Earl Warren (March 19, 1891 – July 9, 1974) was an American attorney, politician, and jurist who served as the 14th
Chief Justice of the United States from 1953 to 1969. The
Warren Court
The Warren Court was the period in the history of the Supreme Court of the United States during which Earl Warren served as Chief Justice. Warren replaced the deceased Fred M. Vinson as Chief Justice in 1953, and Warren remained in office until ...
presided over a major shift in American
constitutional jurisprudence, which has been recognized by many as a "
Constitutional Revolution
The Persian Constitutional Revolution ( fa, مشروطیت, Mashrūtiyyat, or ''Enghelāb-e Mashrūteh''), also known as the Constitutional Revolution of Iran, took place between 1905 and 1911. The revolution led to the establishment of a par ...
" in the
liberal
Liberal or liberalism may refer to:
Politics
* a supporter of liberalism
** Liberalism by country
* an adherent of a Liberal Party
* Liberalism (international relations)
* Sexually liberal feminism
* Social liberalism
Arts, entertainment and m ...
direction, with Warren writing the majority opinions in landmark cases such as ''
Brown v. Board of Education
''Brown v. Board of Education of Topeka'', 347 U.S. 483 (1954), was a landmark decision by the U.S. Supreme Court, which ruled that U.S. state laws establishing racial segregation in public schools are unconstitutional, even if the segregat ...
'' (1954), ''
Reynolds v. Sims
''Reynolds v. Sims'', 377 U.S. 533 (1964), was a landmark United States Supreme Court case in which the Court ruled that the electoral districts of state legislative chambers must be roughly equal in population. Along with ''Baker v. Carr'' (196 ...
'' (1964), ''
Miranda v. Arizona
''Miranda v. Arizona'', 384 U.S. 436 (1966), was a landmark decision of the U.S. Supreme Court in which the Court ruled that the Fifth Amendment to the U.S. Constitution restricts prosecutors from using a person's statements made in response to ...
'' (1966) and ''
Loving v. Virginia
''Loving v. Virginia'', 388 U.S. 1 (1967), was a List of landmark court decisions in the United States, landmark civil rights decision of the U.S. Supreme Court in which the Court ruled that Anti-miscegenation laws in the United States, laws ban ...
'' (1967). Warren also led the
Warren Commission
The President's Commission on the Assassination of President Kennedy, known unofficially as the Warren Commission, was established by President Lyndon B. Johnson through on November 29, 1963, to investigate the assassination of United States Pr ...
, a
presidential commission that investigated the 1963
assassination of President John F. Kennedy
John F. Kennedy, the 35th president of the United States, was assassinated on Friday, November 22, 1963, at 12:30 p.m. CST in Dallas, Texas, while riding in a presidential motorcade through Dealey Plaza. Kennedy was in the vehicle wi ...
. He also served as
Governor of California
The governor of California is the head of government of the U.S. state of California. The governor is the commander-in-chief of the California National Guard and the California State Guard.
Established in the Constitution of California, the g ...
from 1943 to 1953, and is the last chief justice to have served in an elected office before nomination to the Supreme Court. Warren is generally considered to be one of the most influential Supreme Court justices and political leaders in the
history of the United States
The history of the lands that became the United States began with the arrival of Settlement of the Americas, the first people in the Americas around 15,000 BC. Native American cultures in the United States, Numerous indigenous cultures formed ...
.
Warren was born in 1891 in
Los Angeles
Los Angeles ( ; es, Los Ángeles, link=no , ), often referred to by its initials L.A., is the largest city in the state of California and the second most populous city in the United States after New York City, as well as one of the world' ...
and was raised in
Bakersfield, California
Bakersfield is a city in Kern County, California, United States. It is the county seat and largest city of Kern County. The city covers about near the southern end of the San Joaquin Valley and the Central Valley region. Bakersfield's populat ...
. After graduating from the
University of California, Berkeley School of Law
The University of California, Berkeley, School of Law (commonly known as Berkeley Law or UC Berkeley School of Law) is the law school of the University of California, Berkeley, a public research university in Berkeley, California. It is one of 1 ...
, he began a legal career in
Oakland
Oakland is the largest city and the county seat of Alameda County, California, United States. A major West Coast port, Oakland is the largest city in the East Bay region of the San Francisco Bay Area, the third largest city overall in the Bay A ...
. He was hired as a deputy district attorney for
Alameda County
Alameda County ( ) is a List of counties in California, county located in the U.S. state of California. As of the 2020 United States Census, 2020 census, the population was 1,682,353, making it the 7th-most populous county in the state and List ...
in 1920 and was appointed district attorney in 1925. He emerged as a leader of the state
Republican Party and won election as the
Attorney General of California
The attorney general of California is the state attorney general of the Government of California. The officer's duty is to ensure that "the laws of the state are uniformly and adequately enforced" (Constitution of California, Article V, Section ...
in 1938. In that position he supported, and was a firm proponent of, the
forced removal and internment of over 100,000
Japanese Americans
are Americans of Japanese ancestry. Japanese Americans were among the three largest Asian American ethnic communities during the 20th century; but, according to the 2000 census, they have declined in number to constitute the sixth largest Asi ...
during
World War II
World War II or the Second World War, often abbreviated as WWII or WW2, was a world war that lasted from 1939 to 1945. It involved the vast majority of the world's countries—including all of the great powers—forming two opposin ...
. In the
1942 California gubernatorial election
The 1942 California gubernatorial election was held on November 3, 1942. Earl Warren won and became the 30th governor of California.
General election results
References
Gubernatorial
1942
California
California is a state in ...
, Warren defeated incumbent
Democratic governor
Culbert Olson
Culbert Levy Olson (November 7, 1876 – April 13, 1962) was an American lawyer and politician. A Democratic Party member, Olson was involved in Utah and California politics and was elected as the 29th governor of California from 1939 to 1943. ...
. He served as Governor of California until 1953, presiding over a period of major growth for the state. Warren is the only governor of California to be elected for three consecutive terms.
Warren served as
Thomas E. Dewey
Thomas Edmund Dewey (March 24, 1902 – March 16, 1971) was an American lawyer, prosecutor, and politician who served as the 47th governor of New York from 1943 to 1954. He was the Republican candidate for president in 1944 and 1948: although ...
's running mate in the
1948 presidential election
The following elections occurred in the year 1948.
Africa
* 1948 Mauritian general election
* 1948 South African general election
* 1948 Southern Rhodesian general election
Asia
* 1948 North Korean parliamentary election
* 1948 Republic of China ...
, but Dewey lost the election to incumbent President
Harry S. Truman
Harry S. Truman (May 8, 1884December 26, 1972) was the 33rd president of the United States, serving from 1945 to 1953. A leader of the Democratic Party, he previously served as the 34th vice president from January to April 1945 under Franklin ...
. Warren sought the Republican nomination in the
1952 presidential election, but the party nominated General
Dwight D. Eisenhower
Dwight David "Ike" Eisenhower (born David Dwight Eisenhower; ; October 14, 1890 – March 28, 1969) was an American military officer and statesman who served as the 34th president of the United States from 1953 to 1961. During World War II, ...
. After Eisenhower won election as president, he appointed Warren as Chief Justice. A series of rulings made by the Warren Court in the 1950s led directly to the decline of
McCarthyism
McCarthyism is the practice of making false or unfounded accusations of subversion and treason, especially when related to anarchism, communism and socialism, and especially when done in a public and attention-grabbing manner.
The term origin ...
. Warren helped arrange a unanimous decision in ''Brown v. Board of Education'' (1954), which ruled that
racial segregation
Racial segregation is the systematic separation of people into race (human classification), racial or other Ethnicity, ethnic groups in daily life. Racial segregation can amount to the international crime of apartheid and a crimes against hum ...
in public schools was unconstitutional. After ''Brown'', the Warren Court continued to issue rulings that helped bring an end to the segregationist
Jim Crow laws
The Jim Crow laws were state and local laws enforcing racial segregation in the Southern United States. Other areas of the United States were affected by formal and informal policies of segregation as well, but many states outside the Sout ...
that were prevalent throughout the
Southern United States
The Southern United States (sometimes Dixie, also referred to as the Southern States, the American South, the Southland, or simply the South) is a geographic and cultural region of the United States of America. It is between the Atlantic Ocean ...
. In ''
Heart of Atlanta Motel, Inc. v. United States'' (1964), the Court upheld the
Civil Rights Act of 1964
The Civil Rights Act of 1964 () is a landmark civil rights and United States labor law, labor law in the United States that outlaws discrimination based on Race (human categorization), race, Person of color, color, religion, sex, and nationa ...
, a federal law that prohibits racial segregation in public institutions and
public accommodations
In United States law, public accommodations are generally defined as facilities, whether publicly or privately owned, that are used by the public at large. Examples include retail stores, rental establishments, and service establishments as well ...
.
In the 1960s, the Warren Court handed down several landmark rulings that significantly transformed
criminal procedure
Criminal procedure is the adjudication process of the criminal law. While criminal procedure differs dramatically by jurisdiction, the process generally begins with a formal criminal charge with the person on trial either being free on bail or ...
,
redistricting
Redistribution (re-districting in the United States and in the Philippines) is the process by which electoral districts are added, removed, or otherwise changed. Redistribution is a form of boundary delimitation that changes electoral dist ...
, and other areas of the law. Many of the Court's decisions
incorporated the
Bill of Rights
A bill of rights, sometimes called a declaration of rights or a charter of rights, is a list of the most important rights to the citizens of a country. The purpose is to protect those rights against infringement from public officials and pri ...
, making the protections of the Bill of Rights apply to state and local governments. ''
Gideon v. Wainwright
''Gideon v. Wainwright'', 372 U.S. 335 (1963), was a landmark U.S. Supreme Court decision in which the Court ruled that the Sixth Amendment of the U.S. Constitution requires U.S. states to provide attorneys to criminal defendants who are unable ...
'' (1963) established a criminal defendant's right to an attorney in felony cases, and ''
Miranda v. Arizona
''Miranda v. Arizona'', 384 U.S. 436 (1966), was a landmark decision of the U.S. Supreme Court in which the Court ruled that the Fifth Amendment to the U.S. Constitution restricts prosecutors from using a person's statements made in response to ...
'' (1966) required police officers to give what became known as the
Miranda warning
In the United States, the ''Miranda'' warning is a type of notification customarily given by police to criminal suspects in police custody (or in a custodial interrogation) advising them of their right to silence and, in effect, protection fr ...
to suspects taken into police custody that advises them of their constitutional protections. ''
Reynolds v. Sims
''Reynolds v. Sims'', 377 U.S. 533 (1964), was a landmark United States Supreme Court case in which the Court ruled that the electoral districts of state legislative chambers must be roughly equal in population. Along with ''Baker v. Carr'' (196 ...
'' (1964) established that all state legislative districts must be of roughly equal population size, while the Court's holding in ''
Wesberry v. Sanders
''Wesberry v. Sanders'', 376 U.S. 1 (1964), was a landmark U.S. Supreme Court case in which the Court ruled that districts in the United States House of Representatives must be approximately equal in population. Along with '' Baker v. Carr'' (1 ...
'' (1964) required equal populations for congressional districts, thus achieving "
one man, one vote
"One man, one vote", or "one person, one vote", expresses the principle that individuals should have equal representation in voting. This slogan is used by advocates of political equality to refer to such electoral reforms as universal suffrage, ...
" in the United States. ''
Schmerber v. California
''Schmerber v. California'', 384 U.S. 757 (1966), was a landmark United States Supreme Court case in which the Court clarified the application of the Fourth Amendment's protection against warrantless searches and the Fifth Amendment right agai ...
'' (1966) established that forced extraction of a blood sample is not compelled testimony, illuminating the limits on the protections of the 4th and 5th Amendments and ''
Warden v. Hayden'' (1967) dramatically expanded the rights of police to seize evidence with a search warrant, reversing the 'mere evidence' rule. Furthermore, ''
Griswold v. Connecticut
''Griswold v. Connecticut'', 381 U.S. 479 (1965), was a landmark decision of the U.S. Supreme Court in which the Court ruled that the Constitution of the United States protects the liberty of married couples to buy and use contraceptives withou ...
'' (1965) established a constitutional
right to privacy
The right to privacy is an element of various legal traditions that intends to restrain governmental and private actions that threaten the privacy of individuals. Over 150 national constitutions mention the right to privacy. On 10 December 1948 ...
and struck down a state law that restricted access to
contraceptives
Birth control, also known as contraception, anticonception, and fertility control, is the use of methods or devices to prevent unwanted pregnancy. Birth control has been used since ancient times, but effective and safe methods of birth contr ...
, and ''
Loving v. Virginia
''Loving v. Virginia'', 388 U.S. 1 (1967), was a List of landmark court decisions in the United States, landmark civil rights decision of the U.S. Supreme Court in which the Court ruled that Anti-miscegenation laws in the United States, laws ban ...
'' (1967) struck down state
anti-miscegenation laws
Anti-miscegenation laws or miscegenation laws are laws that enforce racial segregation at the level of marriage and intimate relationships by criminalization, criminalizing interracial marriage and sometimes also sex between members of different R ...
, which had banned or otherwise regulated interracial marriage. Warren announced his retirement in 1968 and was succeeded by Appellate Judge
Warren E. Burger
Warren Earl Burger (September 17, 1907 – June 25, 1995) was an American attorney and jurist who served as the 15th chief justice of the United States from 1969 to 1986. Born in Saint Paul, Minnesota, Burger graduated from the William Mitchell ...
in 1969. The Warren Court's rulings have received criticism, but have received widespread support and acclamation from both liberals and conservatives. As yet, few of the Court's decisions have been overturned.
Early life, family, and education
Warren was born in
Los Angeles
Los Angeles ( ; es, Los Ángeles, link=no , ), often referred to by its initials L.A., is the largest city in the state of California and the second most populous city in the United States after New York City, as well as one of the world' ...
,
California
California is a U.S. state, state in the Western United States, located along the West Coast of the United States, Pacific Coast. With nearly 39.2million residents across a total area of approximately , it is the List of states and territori ...
, on March 19, 1891, to Matt Warren and his wife, Crystal. Matt, whose original family name was Varren, was born in
Stavanger
Stavanger (, , American English, US usually , ) is a city and municipalities of Norway, municipality in Norway. It is the fourth largest city and third largest metropolitan area in Norway (through conurbation with neighboring Sandnes) and the a ...
,
Norway
Norway, officially the Kingdom of Norway, is a Nordic country in Northern Europe, the mainland territory of which comprises the western and northernmost portion of the Scandinavian Peninsula. The remote Arctic island of Jan Mayen and t ...
, in 1864, and he and his family migrated to the United States in 1866. Crystal, whose maiden name was Hernlund, was born in
Hälsingland
Hälsingland (), sometimes referred to as Helsingia in English, is a historical province or ''landskap'' in central Sweden. It borders Gästrikland, Dalarna, Härjedalen, Medelpad and the Gulf of Bothnia. It is part of the land of Norrland.
Ad ...
,
Sweden
Sweden, formally the Kingdom of Sweden,The United Nations Group of Experts on Geographical Names states that the country's formal name is the Kingdom of SwedenUNGEGN World Geographical Names, Sweden./ref> is a Nordic country located on ...
; she and her family migrated to the United States when she was an infant. After marrying in
Minneapolis
Minneapolis () is the largest city in Minnesota, United States, and the county seat of Hennepin County. The city is abundant in water, with thirteen lakes, wetlands, the Mississippi River, creeks and waterfalls. Minneapolis has its origins ...
,
Minnesota
Minnesota () is a state in the upper midwestern region of the United States. It is the 12th largest U.S. state in area and the 22nd most populous, with over 5.75 million residents. Minnesota is home to western prairies, now given over to ...
, Mathias and Crystal settled in
Southern California
Southern California (commonly shortened to SoCal) is a geographic and Cultural area, cultural region that generally comprises the southern portion of the U.S. state of California. It includes the Los Angeles metropolitan area, the second most po ...
in 1889, where Matthias found work with the
Southern Pacific Railroad
The Southern Pacific (or Espee from the railroad initials- SP) was an American Class I railroad network that existed from 1865 to 1996 and operated largely in the Western United States. The system was operated by various companies under the ...
. Earl Warren was the second of two children, after his older sister, Ethel. Earl did not receive a middle name; his father later commented that "when you were born I was too poor to give you a middle name." In 1896, the family resettled in
Bakersfield, California
Bakersfield is a city in Kern County, California, United States. It is the county seat and largest city of Kern County. The city covers about near the southern end of the San Joaquin Valley and the Central Valley region. Bakersfield's populat ...
, where Warren grew up. Though not an exceptional student, Warren graduated from Kern County High School in 1908.
Hoping to become a trial lawyer, Warren enrolled in the
University of California, Berkeley
The University of California, Berkeley (UC Berkeley, Berkeley, Cal, or California) is a public land-grant research university in Berkeley, California. Established in 1868 as the University of California, it is the state's first land-grant u ...
after graduating from high school. He majored in
political science
Political science is the scientific study of politics. It is a social science dealing with systems of governance and power, and the analysis of political activities, political thought, political behavior, and associated constitutions and la ...
and became a member of the La Junta Club, which became the
Sigma Phi Society of California while Warren was attending college. Like many other students at Berkeley, Warren was influenced by the
Progressive movement
Progressivism holds that it is possible to improve human societies through political action. As a political movement, progressivism seeks to advance the human condition through social reform based on purported advancements in science, techno ...
, and he was especially affected by Governor
Hiram Johnson
Hiram Warren Johnson (September 2, 1866August 6, 1945) was an American attorney and politician who served as the Governor of California, 23rd governor of California from 1911 to 1917. Johnson achieved national prominence in the early 20th century ...
of California and Senator
Robert M. La Follette
Robert Marion "Fighting Bob" La Follette Sr. (June 14, 1855June 18, 1925), was an American lawyer and politician. He represented Wisconsin in both chambers of Congress and served as the 20th Governor of Wisconsin. A Republican for most of his ...
of Wisconsin. While at Berkeley, Warren was little more than an average student who earned decent but undistinguished grades and after his third year, he entered the school's Department of Jurisprudence (now
UC Berkeley School of Law
The University of California, Berkeley, School of Law (commonly known as Berkeley Law or UC Berkeley School of Law) is the law school of the University of California, Berkeley, a public research university in Berkeley, California. It is one of 1 ...
). He received a
Bachelor of Laws
Bachelor of Laws ( la, Legum Baccalaureus; LL.B.) is an undergraduate law degree in the United Kingdom and most common law jurisdictions. Bachelor of Laws is also the name of the law degree awarded by universities in the People's Republic of Chi ...
degree in 1914. Like his classmates upon graduation, Warren was
admitted to the California bar without examination. After graduation, he took a position with the
Associated Oil Company
Associated Oil Company was an American oil and gas company once headquartered in San Francisco, California and served much of the Pacific West Coast, including Hawaii, as well as the Orient and merged with the Tidewater Oil Company in 1938.
Hi ...
in San Francisco. Warren disliked working at the company and was disgusted by the corruption he saw in San Francisco, so he took a position with the
Oakland
Oakland is the largest city and the county seat of Alameda County, California, United States. A major West Coast port, Oakland is the largest city in the East Bay region of the San Francisco Bay Area, the third largest city overall in the Bay A ...
law firm of Robinson and Robinson.
After the United States entered World War I in April 1917, Warren volunteered for an officer training camp, but was rejected due to hemorrhoids. Still hoping to become an officer, Warren underwent a procedure to remove the hemorrhoids, but by the time he fully recovered from the operation the officer training camp had closed. Warren enlisted in the
United States Army
The United States Army (USA) is the land service branch of the United States Armed Forces. It is one of the eight U.S. uniformed services, and is designated as the Army of the United States in the U.S. Constitution.Article II, section 2, cla ...
as a private in August 1917, and was assigned to Company I of the
91st Division's
363rd Infantry Regiment 363rd or 363d may refer to:
* 363d Expeditionary Operations Group, inactive United States Air Force unit
* 363d Bombardment Squadron or 19th Antisubmarine Squadron, inactive United States Air Force unit
* 363d Fighter Squadron or 164th Airlift Squa ...
at
Camp Lewis, Washington. He was made acting
first sergeant of the company before being sent to a three-month officer training course. After he returned to the company in May 1918 as a
second lieutenant
Second lieutenant is a junior commissioned officer military rank in many armed forces, comparable to NATO OF-1 rank.
Australia
The rank of second lieutenant existed in the military forces of the Australian colonies and Australian Army until ...
, the regiment was sent to
Camp Lee, Virginia
Camp may refer to:
Outdoor accommodation and recreation
* Campsite or campground, a recreational outdoor sleeping and eating site
* a temporary settlement for nomads
* Camp, a term used in New England, Northern Ontario and New Brunswick to descri ...
, to train draftees. Warren spent the rest of the war there and was discharged less than a month after
Armistice Day
Armistice Day, later known as Remembrance Day in the Commonwealth and Veterans Day in the United States, is commemorated every year on 11 November to mark Armistice of 11 November 1918, the armistice signed between the Allies of World War I a ...
, following a promotion to
first lieutenant
First lieutenant is a commissioned officer military rank in many armed forces; in some forces, it is an appointment.
The rank of lieutenant has different meanings in different military formations, but in most forces it is sub-divided into a s ...
. Warren remained in the
United States Army Reserve
The United States Army Reserve (USAR) is a Military reserve force, reserve force of the United States Army. Together, the Army Reserve and the Army National Guard constitute the Army element of the reserve components of the United States Armed F ...
until 1934, rising to the rank of
captain
Captain is a title, an appellative for the commanding officer of a military unit; the supreme leader of a navy ship, merchant ship, aeroplane, spacecraft, or other vessel; or the commander of a port, fire or police department, election precinct, e ...
.
City and district attorney
In late 1918, Warren returned to Oakland, where he accepted a position as the legislative assistant to Leon E. Gray, a newly-elected member of the
California State Assembly
The California State Assembly is the lower house of the California State Legislature, the upper house being the California State Senate. The Assembly convenes, along with the State Senate, at the California State Capitol in Sacramento.
The A ...
. Shortly after arriving in the state capital of
Sacramento
)
, image_map = Sacramento County California Incorporated and Unincorporated areas Sacramento Highlighted.svg
, mapsize = 250x200px
, map_caption = Location within Sacramento ...
, Warren was appointed as the clerk of the Assembly Judiciary Committee. After a brief stint as a deputy city attorney for Oakland, in 1920 Warren was hired as a deputy district attorney for
Alameda County
Alameda County ( ) is a List of counties in California, county located in the U.S. state of California. As of the 2020 United States Census, 2020 census, the population was 1,682,353, making it the 7th-most populous county in the state and List ...
. By the end of 1924, Warren had become the most senior person in the department outside of the district attorney, Ezra Decoto. Though many of his professional colleagues supported
Calvin Coolidge
Calvin Coolidge (born John Calvin Coolidge Jr.; ; July 4, 1872January 5, 1933) was the 30th president of the United States from 1923 to 1929. Born in Vermont, Coolidge was a History of the Republican Party (United States), Republican lawyer ...
, Warren cast his vote for
Progressive Party Progressive Party may refer to:
Active parties
* Progressive Party, Brazil
* Progressive Party (Chile)
* Progressive Party of Working People, Cyprus
* Dominica Progressive Party
* Progressive Party (Iceland)
* Progressive Party (Sardinia), Italy
...
candidate Robert La Follette in the
1924 presidential election. That same year, Warren made his first foray into electoral politics, serving as the campaign manager for his friend, Republican Assemblyman Frank Anderson.
With the support of Governor
Friend Richardson
Friend William Richardson (born William Richardson; December 1, 1865September 6, 1943) was an American newspaper publisher and politician, most famous for supporting a 1923 gun control bill aimed at Chinese and Latinos. A member of the Progressiv ...
and publisher
Joseph R. Knowland, a leader of the conservative faction of
San Francisco Bay Area
The San Francisco Bay Area, often referred to as simply the Bay Area, is a populous region surrounding the San Francisco, San Pablo, and Suisun Bay estuaries in Northern California. The Bay Area is defined by the Association of Bay Area Go ...
Republicans, Warren was appointed as the Alameda County district attorney in 1925. Warren faced a tough re-election campaign in 1926, as local Republican
boss
Boss may refer to:
Occupations
* Supervisor, often referred to as boss
* Air boss, more formally, air officer, the person in charge of aircraft operations on an aircraft carrier
* Crime boss, the head of a criminal organization
* Fire boss, a ...
Michael Joseph Kelly sought to unseat him. Warren rejected political contributions and largely self-funded his campaign, leaving him at a financial disadvantage to Kelly's preferred candidate, Preston Higgins. Nonetheless, Warren won a landslide victory over Higgins, taking over two-thirds of the vote. When he ran for re-election again in 1930, he faced only token opposition.
Warren gained a statewide reputation as a tough, no-nonsense district attorney who fought corruption in government and ran his office in a nonpartisan manner. Warren strongly supported the autonomy of law enforcement agencies, but also believed that police and prosecutors had to act fairly. Unlike many other local law enforcement officials in the 1920s, Warren vigorously enforced
Prohibition
Prohibition is the act or practice of forbidding something by law; more particularly the term refers to the banning of the manufacture, storage (whether in barrels or in bottles), transportation, sale, possession, and consumption of alcoholic ...
. In 1927, he launched a corruption investigation against Sheriff
Burton Becker Burton F. Becker was the police chief of Piedmont, California in the early 20th century and Kailiff of Ku Klux Klan No. 9 in Oakland, California.Cray, Ed, ''Chief justice: a biography of Earl Warren'', New York: Simon and Schuster, 1997. pp 52–5 ...
. After a trial that some in the press described as "the most sweeping exposé of graft in the history of the country," Warren won a conviction against Becker in 1930. When one of his own undercover agents admitted that he had perjured himself in order to win convictions in bootleg cases, Warren personally took charge of prosecuting the agent. Warren's efforts gained him national attention; a 1931 nationwide poll of law enforcement officials found that Warren was "the most intelligent and politically independent district attorney in the United States".
The
Great Depression
The Great Depression (19291939) was an economic shock that impacted most countries across the world. It was a period of economic depression that became evident after a major fall in stock prices in the United States. The economic contagio ...
hit the San Francisco Bay area hard in the 1930s, leading to high levels of unemployment and a destabilization of the political order. Warren took a hard stance against labor in the buildup to the
San Francisco General Strike
The 1934 West Coast Waterfront Strike (also known as the 1934 West Coast Longshoremen's Strike, as well as a number of variations on these names) lasted 83 days, and began on May 9, 1934 when longshoremen in every US West Coast port walked out. ...
. In ''
Whitney v. California
''Whitney v. California'', 274 U.S. 357 (1927), was a United States Supreme Court decision upholding the conviction of an individual who had engaged in speech that raised a threat to society. ''Whitney'' was explicitly overruled by ''Brandenburg v. ...
'' (1927) Warren prosecuted a woman under the
California Criminal Syndicalism Act
The California Criminal Syndicalism ActStats. 1919 c. 188, p. 281; it was codified at California Penal Code §§ 11400 et seq.) was a law of California in 1919 under Governor William Stephens criminalizing syndicalism. It was enacted on April 3 ...
for attending a communist meeting in Oakland. In 1936, Warren faced one of the most controversial cases of his career after George W. Alberts, the chief engineer of a freighter, was found dead. Warren believed that Alberts was murdered in a conspiracy orchestrated by radical left-wing union members, and he won the conviction of union officials George Wallace,
Earl King, Ernest Ramsay, and Frank Conner
Earl King, Ernest Ramsay, and Frank Conner were three merchant seamen convicted of murdering a ship's officer, George Alberts, aboard a freighter anchored in Alameda, California, on March 22, 1936. Their trial, appeals, and terms in San Quentin Pr ...
. Many union members argued that the defendants had been framed by Warren's office, and they organized protests of the trial.
State party leader
While continuing to serve as the district attorney of Alameda County, Warren emerged as leader of the state Republican Party. He served as the county chairman for
Herbert Hoover
Herbert Clark Hoover (August 10, 1874 – October 20, 1964) was an American politician who served as the 31st president of the United States from 1929 to 1933 and a member of the Republican Party, holding office during the onset of the Gr ...
's
1932 campaign and, after
Franklin D. Roosevelt
Franklin Delano Roosevelt (; ; January 30, 1882April 12, 1945), often referred to by his initials FDR, was an American politician and attorney who served as the 32nd president of the United States from 1933 until his death in 1945. As the ...
won that election, he attacked Roosevelt's
New Deal
The New Deal was a series of programs, public work projects, financial reforms, and regulations enacted by President Franklin D. Roosevelt in the United States between 1933 and 1939. Major federal programs agencies included the Civilian Cons ...
policies. In 1934, Warren became chairman of the state Republican Party and he took a leading public role in opposing the gubernatorial candidacy of Democrat
Upton Sinclair
Upton Beall Sinclair Jr. (September 20, 1878 – November 25, 1968) was an American writer, muckraker, political activist and the 1934 Democratic Party nominee for governor of California who wrote nearly 100 books and other works in seve ...
. Warren earned national notoriety in 1936 for leading a successful campaign to elect a slate of unpledged delegates to the
1936 Republican National Convention
The 1936 Republican National Convention was held June 9–12 at the Public Auditorium in Cleveland, Ohio. It nominated Governor Alfred Landon of Kansas for president and Frank Knox of Illinois for vice president.
The convention supported many N ...
; he was motivated largely by his opposition to the influence of Governor
Frank Merriam
Frank Finley Merriam (December 22, 1865 – April 25, 1955) was an American Republican politician who served as the 28th governor of California from June 2, 1934 until January 2, 1939. Assuming the governorship at the height of the Great Depress ...
and publisher
William Randolph Hearst
William Randolph Hearst Sr. (; April 29, 1863 – August 14, 1951) was an American businessman, newspaper publisher, and politician known for developing the nation's largest newspaper chain and media company, Hearst Communications. His flamboya ...
. In the
1936 presidential election, Warren campaigned on behalf of the unsuccessful Republican nominee,
Alf Landon
Alfred Mossman Landon (September 9, 1887October 12, 1987) was an American oilman and politician who served as the 26th governor of Kansas from 1933 to 1937. A member of the Republican Party, he was the party's nominee in the 1936 presidential ...
.
Family and social life
After World War I, Warren lived with his sister and her husband in Oakland. In 1921, he met Nina Elisabeth Meyers (née Palmquist), a widowed, 28-year-old store manager with a three-year-old son. Nina had been born in Sweden to a
Baptist
Baptists form a major branch of Protestantism distinguished by baptizing professing Christian believers only (believer's baptism), and doing so by complete immersion. Baptist churches also generally subscribe to the doctrines of soul compete ...
minister and his wife, and her family had migrated to the United States when she was an infant. On October 4, 1925, shortly after Warren was appointed district attorney, Warren and Nina married. Their first child, Virginia, was born in 1928, and they had four more children: Earl Jr. (born 1930), Dorothy (born 1931), Nina Elisabeth (born 1933), and Robert (born 1935). Warren also adopted Nina's son, James. Warren was the father-in-law of
John Charles Daly
John Charles Patrick Croghan Daly (February 20, 1914 – February 24, 1991) was an American journalist, host, radio and television personality, ABC News executive, TV anchor, and game show, game show host, best known for his work on the CBS panel ...
, the host of the television game show
What's My Line
''What's My Line?'' is a panel game show that originally ran in the United States on the CBS Television Network from 1950 to 1967, originally in black and white and later in color, with subsequent U.S. revivals. The game uses celebrity panelis ...
through his daughter Virginia's marriage. Warren enjoyed a close relationship with his wife; one of their daughters later described it as "the most ideal relationship I could dream of." In 1935, the family moved to a seven-bedroom home just outside of
downtown Oakland
Downtown Oakland is the central business district of Oakland, California, United States; roughly bounded by both the Oakland Estuary and Interstate 880 on the southwest, Interstate 980 on the northwest, Grand Avenue on the northeast, and Lake ...
. Though the Warrens sent their children to Sunday school at a local Baptist church, Warren was not a regular churchgoer. In 1938, Warren's father, Matt, was murdered; investigators never discovered the identity of the murderer. Warren and his family moved to the state capital of
Sacramento
)
, image_map = Sacramento County California Incorporated and Unincorporated areas Sacramento Highlighted.svg
, mapsize = 250x200px
, map_caption = Location within Sacramento ...
in 1943, and to
Wardman-Park, a residential hotel in
Washington, D.C.
)
, image_skyline =
, image_caption = Clockwise from top left: the Washington Monument and Lincoln Memorial on the National Mall, United States Capitol, Logan Circle, Jefferson Memorial, White House, Adams Morgan, ...
, in 1953.
Warren was very active after 1919 in such groups as
Freemasonry
Freemasonry or Masonry refers to fraternal organisations that trace their origins to the local guilds of stonemasons that, from the end of the 13th century, regulated the qualifications of stonemasons and their interaction with authorities ...
, the
Independent Order of Odd Fellows
The Independent Order of Odd Fellows (IOOF) is a non-political and non-sectarian international fraternal order of Odd Fellowship. It was founded in 1819 by Thomas Wildey in Baltimore, Maryland, United States. Evolving from the Order of Odd ...
, the
Benevolent and Protective Order of Elks
The Benevolent and Protective Order of Elks (BPOE; also often known as the Elks Lodge or simply The Elks) is an American fraternal order founded in 1868, originally as a social club in New York City.
History
The Elks began in 1868 as a soci ...
, the
Loyal Order of Moose
The Loyal Order of Moose is a fraternal and service organization founded in 1888 and headquartered in Mooseheart, Illinois.
Moose International supports the operation of Mooseheart Child City & School, a community for children and teen ...
(obtained the Pilgrim Degree of Merit, the highest award given in the fraternity) and the
American Legion
The American Legion, commonly known as the Legion, is a non-profit organization of U.S. war
War is an intense armed conflict between states, governments, societies, or paramilitary groups such as mercenaries, insurgents, and militi ...
. Each one introduced Warren to new friends and political connections. He rose through the ranks in the Masons, culminating in his election in 1935 as the
Grand Master of the Freemasons for the state of California from 1935 to 1936. Biographer Jim Newton says that Warren "thrived in the Masons because he shared their ideals, but those ideals also helped shape him, nurturing his commitment to service, deepening his conviction that society's problems were best addressed by small groups of enlightened, well-meaning citizens. Those ideals knitted together Warren's Progressivism, his Republicanism, and his Masonry."
Attorney General of California
In 1934, Warren and his allies won passage of a state ballot measure that transformed the position of
Attorney General of California
The attorney general of California is the state attorney general of the Government of California. The officer's duty is to ensure that "the laws of the state are uniformly and adequately enforced" (Constitution of California, Article V, Section ...
into a full-time office; previous officeholders had worked part-time while maintaining their own private practice. After incumbent
Ulysses S. Webb
Ulysses Sigel Webb (September 29, 1864 – July 31, 1947) was an American lawyer and politician affiliated with the Republican Party. He served as the 19th Attorney General of California for the lengthy span of 37 years.
Webb's parents were Cy ...
announced his retirement, Warren jumped into the 1938 state attorney general election. Earlier in the 20th century, progressives had passed a state constitutional amendment allowing for "
cross-filing
In American politics, cross-filing (similar to the concept of electoral fusion) occurs when a candidate runs in the primary election of not only their own party, but also that of one or more other parties, generally in the hope of reducing or eli ...
," whereby a candidate could file to run in multiple party primaries for the same office. Warren took advantage of that amendment and ran in multiple primaries. Even though he continued to serve as chairman of the state Republican Party until April 1938, Warren won the Republican,
Progressive, and, crucially, Democratic primaries for attorney general. He faced no serious opposition in the 1938 elections, even while incumbent Republican Governor
Frank Merriam
Frank Finley Merriam (December 22, 1865 – April 25, 1955) was an American Republican politician who served as the 28th governor of California from June 2, 1934 until January 2, 1939. Assuming the governorship at the height of the Great Depress ...
was defeated by Democratic nominee
Culbert Olson
Culbert Levy Olson (November 7, 1876 – April 13, 1962) was an American lawyer and politician. A Democratic Party member, Olson was involved in Utah and California politics and was elected as the 29th governor of California from 1939 to 1943. ...
.
Once elected, he organized state law enforcement officials into regions and led a statewide anti-crime effort. One of his major initiatives was to crack down on
gambling ship
A gambling ship is a sea vessel of any kind on which gambling takes place.
Historically, international waters began just from land in many countries. Gambling ships, like offshore radio stations, would usually be anchored just outside the th ...
s operating off the coast of
Southern California
Southern California (commonly shortened to SoCal) is a geographic and Cultural area, cultural region that generally comprises the southern portion of the U.S. state of California. It includes the Los Angeles metropolitan area, the second most po ...
. Warren continued many of the policies from his predecessor Ulysses S. Webb's four decades in office. These included
eugenic forced sterilizations and the
confiscation of land from Japanese owners. Warren, who was a member of the outspoken anti-Asian society
Native Sons of the Golden West
The Native Sons of the Golden West is a fraternal service organization founded in the U.S. state of California in 1875, dedicated to historic preservation, documentation of historic structures and places in the state, the placement of historic p ...
, successfully sought legislation expanding the land confiscations. During his time as Attorney General, Warren appointed as one of his deputy attorneys general
Roger J. Traynor
Roger John Traynor (February 12, 1900 – May 14, 1983) was the 23rd Chief Justice of California (1964-1970) and an associate justice of the Supreme Court of California from 1940 to 1964. Previously, he had served as a Deputy Attorney General of ...
, who was then a law professor at
UC Berkeley
The University of California, Berkeley (UC Berkeley, Berkeley, Cal, or California) is a public university, public land-grant university, land-grant research university in Berkeley, California. Established in 1868 as the University of Californi ...
and later became the 23rd
chief justice of California
The Supreme Court of California is the highest and final court of appeals in the courts of the U.S. state of California. It is headquartered in San Francisco at the Earl Warren Building, but it regularly holds sessions in Los Angeles and Sacra ...
, as well as one of the most influential judges of his time.
[Les Ledbetter]
"Roger J. Traynor, California Justice"
''The New York Times
''The New York Times'' (''the Times'', ''NYT'', or the Gray Lady) is a daily newspaper based in New York City with a worldwide readership reported in 2020 to comprise a declining 840,000 paid print subscribers, and a growing 6 million paid ...
'', 17 May 1983, B6. Retrieved October 3, 2017.
Internment of Japanese Americans
After
World War II
World War II or the Second World War, often abbreviated as WWII or WW2, was a world war that lasted from 1939 to 1945. It involved the vast majority of the world's countries—including all of the great powers—forming two opposin ...
broke out in Europe in 1939, foreign policy became an increasingly important issue in the United States; Warren rejected the
isolationist
Isolationism is a political philosophy advocating a national foreign policy that opposes involvement in the political affairs, and especially the wars, of other countries. Thus, isolationism fundamentally advocates neutrality and opposes entangl ...
tendencies of many Republicans and supported Roosevelt's rearmament campaign. The United States entered World War II after the Japanese
attack on Pearl Harbor
The attack on Pearl HarborAlso known as the Battle of Pearl Harbor was a surprise military strike by the Imperial Japanese Navy Air Service upon the United States against the naval base at Pearl Harbor in Honolulu, Territory of Hawaii, j ...
in December 1941. Following the attack, Warren organized the state's civilian defense program, warning in January 1942 that "the Japanese situation as it exists in this state today may well be the
Achilles' heel
An Achilles' heel (or Achilles heel) is a weakness in spite of overall strength, which can lead to downfall. While the mythological origin refers to a physical vulnerability, idiomatic references to other attributes or qualities that can lead to ...
of the entire civilian defense effort." He became a driving force behind the
internment of over one hundred thousand Japanese Americans without any charges or due process.
Though the decision to intern Japanese Americans was made by General
John L. DeWitt
John Lesesne DeWitt (January 9, 1880 – June 20, 1962) was a 4-star general officer in the United States Army, best known for leading the Japanese American internment, internment of Japanese-Americans during World War II.
After the attack on Pe ...
, and the internment was carried out by federal officials, Warren's advocacy played a major role in providing public justification for the internment. In particular, Warren had claimed that Japanese Americans had willfully infiltrated "every strategic spot" in California coastal and valley counties, had warned of potentially greater danger from American born ethnic Japanese than from first-generation immigrants,
and asserted that although there were means to test the loyalty of a "Caucasian" that the same could not be said for ethnic Japanese.
[ Warren further argued that the complete lack of disloyal acts among Japanese Americans in California to date indicated that they intended to commit such acts in the future.] Later, Warren vigorously protested the return of released internees back into California.[
By early 1944, Warren had come to regret his role in the internment of Japanese Americans, and he eventually approved of the federal government's decision to allow Japanese Americans to begin returning to California in December 1944. However, he long resisted any public expression of regret in spite of years of repeated requests from the Japanese American community.][
In a 1972 ]oral history
Oral history is the collection and study of historical information about individuals, families, important events, or everyday life using audiotapes, videotapes, or transcriptions of planned interviews. These interviews are conducted with people wh ...
interview, Warren said that "I feel that everybody who had anything to do with the relocation of the Japanese, after it was all over, had something of a guilty consciousness about it, and wanted to show that it wasn't a racial thing as much as it was a defense matter". When during the interview Warren mentioned the faces of the children separated from their parents, he broke down in tears and the interview was temporarily halted. In 1974, shortly before his death, Warren privately confided to journalist and former internee Morse Saito that he greatly regretted his actions during the evacuation.
In his posthumously published memoirs, Warren fully acknowledged his error, stating that he
Governor of California
Election
Warren frequently clashed with Governor Culbert Olson over various issues, partly because they belonged to different parties. As early as 1939, supporters of Warren began making plans for his candidacy in California's 1942 gubernatorial election. Though initially reluctant to run, Warren announced his gubernatorial candidacy in April 1942. He cross-filed in the Democratic and Republican primaries, ran without a party label, and refused to endorse candidates running for other offices. He sought to attract voters regardless of party, and stated "I can and will support President Roosevelt better than Olson ever has or ever will." Many Democrats, including Olson, criticized Warren for "puting
Ing, ING or ing may refer to:
Art and media
* '' ...ing'', a 2003 Korean film
* i.n.g, a Taiwanese girl group
* The Ing, a race of dark creatures in the 2004 video game '' Metroid Prime 2: Echoes''
* "Ing", the first song on The Roches' 1992 ...
on a cloak of nonpartisanship," but Warren's attempts to appear above parties resonated with many voters. In August, Warren easily won the Republican primary, and surprised many observers by nearly defeating Olson in the Democratic primary. In November, he decisively defeated Olson in the general election, taking just under 57 percent of the vote. Warren's victory immediately made him a figure with national stature, and he enjoyed good relations with both the conservative wing of the Republican Party, led by Robert A. Taft
Robert Alphonso Taft Sr. (September 8, 1889 – July 31, 1953) was an American politician, lawyer, and scion of the Republican Party's Taft family. Taft represented Ohio in the United States Senate, briefly served as Senate Majority Leade ...
, and the moderate wing of the Republican Party
The Republican Party in the United States includes several factions, or wings.
During the 19th century, Republican factions included the Half-Breeds, who supported civil service reform; the Radical Republicans, who advocated the immediate and t ...
, led by Thomas E. Dewey
Thomas Edmund Dewey (March 24, 1902 – March 16, 1971) was an American lawyer, prosecutor, and politician who served as the 47th governor of New York from 1943 to 1954. He was the Republican candidate for president in 1944 and 1948: although ...
.
Policies
Warren modernized the office of governor, and state government generally. Like most progressives, Warren believed in efficiency
Efficiency is the often measurable ability to avoid wasting materials, energy, efforts, money, and time in doing something or in producing a desired result. In a more general sense, it is the ability to do things well, successfully, and without ...
and planning. During World War II, he aggressively pursued postwar economic planning. Fearing another postwar decline that would rival the depression years, Governor Earl Warren initiated public works projects similar to those of the New Deal to capitalize on wartime tax surpluses and provide jobs for returning veterans. For example, his support of the Collier-Burns Act in 1947 raised gasoline taxes that funded a massive program of freeway construction. Unlike states where tolls or bonds funded highway construction, California's gasoline taxes were earmarked for building the system. Warren's support for the bill was crucial because his status as a popular governor strengthened his views, in contrast with opposition from trucking, oil, and gas lobbyists. The Collier-Burns Act helped influence passage of the Federal Aid Highway Act of 1956
The Federal-Aid Highway Act of 1956, also known as the National Interstate and Defense Highways Act, was enacted on June 29, 1956, when President Dwight D. Eisenhower signed the bill into law. With an original authorization of $25 billion for t ...
, setting a pattern for national highway construction. In the mid-1940s, Warren sought to implement a state universal health care
Universal health care (also called universal health coverage, universal coverage, or universal care) is a health care system in which all residents of a particular country or region are assured access to health care. It is generally organized ar ...
, but he was unable to pass his plan due to opposition from the medical and business communities. In 1945, the United Nations Charter
The Charter of the United Nations (UN) is the foundational treaty of the UN, an intergovernmental organization. It establishes the purposes, governing structure, and overall framework of the UN system, including its six principal organs: the ...
was signed in San Francisco
San Francisco (; Spanish language, Spanish for "Francis of Assisi, Saint Francis"), officially the City and County of San Francisco, is the commercial, financial, and cultural center of Northern California. The city proper is the List of Ca ...
while Warren was the governor of California. He played an important role in the United Nations Conference on International Organization
The United Nations Conference on International Organization (UNCIO), commonly known as the San Francisco Conference, was a convention of delegates from 50 Allied nations that took place from 25 April 1945 to 26 June 1945 in San Francisco, Calif ...
from April 25 to June 26, 1945, which resulted in the United Nations Charter.
Warren also pursued social legislation. He built up the state's higher education system based on the University of California
The University of California (UC) is a public land-grant research university system in the U.S. state of California. The system is composed of the campuses at Berkeley, Davis, Irvine, Los Angeles, Merced, Riverside, San Diego, San Francisco, ...
and its vast network of small universities and community colleges
A community college is a type of educational institution. The term can have different meanings in different countries: many community colleges have an "open enrollment" for students who have graduated from high school (also known as senior sec ...
. After federal courts declared the segregation of Mexican schoolchildren illegal in '' Mendez v. Westminster'' (1947), Governor Warren signed legislation ending the segregation of American Indians and Asians. He sought the creation of a commission to study employment discrimination
Employment discrimination is a form of illegal discrimination in the workplace based on legally protected characteristics. In the U.S., federal anti-discrimination law prohibits discrimination by employers against employees based on age, race, g ...
, but his plan was blocked by Republicans in the state legislature. Governor Warren stopped enforcing California's anti-miscegenation law
Anti-miscegenation laws or miscegenation laws are laws that enforce racial segregation at the level of marriage and intimate relationships by criminalizing interracial marriage and sometimes also sex between members of different races. Anti-misc ...
after it was declared unconstitutional in ''Perez v. Sharp
''Perez v. Sharp'', also known as ''Perez v. Lippold'' or ''Perez v. Moroney'', is a 1948 case decided by the Supreme Court of California in which the court held by a 4–3 majority that the state's ban on interracial marriage violated the Fourte ...
'' (1948). He also improved the hospital and prison systems. These reforms provided new services to a fast-growing population; the 1950 Census showed that California's population had grown by over 50% over the previous ten years.
Re-election campaigns
By 1946, California's economy was booming, Warren was widely popular, and he enjoyed excellent relations with the state's top Democratic officeholder, Attorney General Robert W. Kenny
Robert Walker Kenny (August 21, 1901 – July 20, 1976), 21st Attorney General of California (1943-1947), was "a colorful figure in state politics for many years" who in 1946 ran unsuccessfully against Earl Warren for state governor (a race ...
. At the urging of state party leaders, Kenny agreed to run against Warren in the 1946 gubernatorial election, but Kenny was reluctant to criticize his opponent and was distracted by his role in the Nuremberg trials
The Nuremberg trials were held by the Allies of World War II, Allies against representatives of the defeated Nazi Germany, for plotting and carrying out invasions of other countries, and other crimes, in World War II.
Between 1939 and 1945 ...
. As in 1942, Warren refused to endorse candidates for other offices, and he sought to portray himself as an effective, nonpartisan governor. Warren easily won the Republican primary for governor and, in a much closer vote, defeated Kenny in the Democratic primary. After winning both primaries, Warren endorsed Republican William Knowland
William Fife Knowland (June 26, 1908 – February 23, 1974) was an American politician and newspaper publisher. A member of the Republican Party, he served as a United States Senator from California from 1945 to 1959. He was Senate Majority Le ...
's U.S. Senate candidacy and Goodwin Knight
Goodwin Jess "Goodie" Knight (December 9, 1896 – May 22, 1970) was an American politician who served as the 31st governor of California from 1953 until 1959. A member of the Republican Party, he previously was the 35th lieutenant governor ...
's candidacy for lieutenant governor. Warren won the general election by an overwhelming margin, becoming the first Governor of California since Hiram Johnson in 1914 to win a second term.
Though he considered retiring after two terms, Warren ultimately chose to seek re-election in 1950, partly to prevent Knight from succeeding him. He easily won the Republican primary, but was defeated in the Democratic primary by James Roosevelt
James Roosevelt II (December 23, 1907 – August 13, 1991) was an American businessman, Marine, activist, and Democratic Party politician. The eldest son of President Franklin D. Roosevelt and Eleanor Roosevelt, he served as an official Secret ...
. Warren consistently led Roosevelt in general election polls and won re-election in a landslide, taking 65 percent of the vote. He was the first Governor of California elected to three consecutive terms. During the 1950 campaign, Warren refused to formally endorse Richard Nixon
Richard Milhous Nixon (January 9, 1913April 22, 1994) was the 37th president of the United States, serving from 1969 to 1974. A member of the Republican Party, he previously served as a representative and senator from California and was ...
, the Republican nominee for the Senate. Warren disliked what he saw as Nixon's ruthless approach to politics and was wary of having a conservative rival for leadership of the state party. Despite Warren's refusal to campaign for him, Nixon defeated Democratic nominee Helen Gahagan Douglas
Helen Gahagan Douglas (born Helen Mary Gahagan; November 25, 1900 – June 28, 1980) was an American actress and politician. Her career included success on Broadway, as a touring opera singer, and in Hollywood films. Her portrayal of the villain ...
by a decisive margin.
National politics, 1942–1952
After his election as governor, Warren emerged as a potential candidate for president or vice president in the 1944 election. Seeking primarily to ensure his status as the most prominent Republican in California, he ran as a favorite son
Favorite son (or favorite daughter) is a political term.
* At the quadrennial American national political party conventions, a state delegation sometimes nominates a candidate from the state, or less often from the state's region, who is not a ...
candidate in the 1944 Republican primaries. Warren won the California primary with no opposition, but Thomas Dewey clinched the party's presidential nomination by the time of the 1944 Republican National Convention
The 1944 Republican National Convention was held in Chicago, Illinois, from June 26 to 28, 1944. It nominated Governor Thomas E. Dewey of New York for president and Governor John Bricker of Ohio for vice president.
Background
When the conve ...
. Warren delivered the keynote address of the convention, in which he called for a more liberal Republican Party. Dewey asked Warren to serve as his running mate, but Warren was uninterested in the vice presidency and correctly believed that Dewey would be defeated by President Roosevelt in the 1944 election.
After his 1946 re-election victory, Warren began planning a run for president in the 1948 election. The two front-runners for the nomination were Dewey and Robert Taft, but Warren, Harold Stassen
Harold Edward Stassen (April 13, 1907 – March 4, 2001) was an American politician who was the 25th Governor of Minnesota. He was a leading candidate for the Republican nomination for President of the United States in 1948, considered for a ti ...
, Arthur Vandenberg
Arthur Hendrick Vandenberg Sr. (March 22, 1884April 18, 1951) was an American politician who served as a United States senator from Michigan from 1928 to 1951. A member of the Republican Party, he participated in the creation of the United Nati ...
, and General Douglas MacArthur
Douglas MacArthur (26 January 18805 April 1964) was an American military leader who served as General of the Army for the United States, as well as a field marshal to the Philippine Army. He had served with distinction in World War I, was C ...
each had significant support. Prior to the 1948 Republican National Convention
The 1948 Republican National Convention was held at the Municipal Auditorium, in Philadelphia, Pennsylvania, from June 21 to 25, 1948.
New York Governor Thomas E. Dewey had paved the way to win the Republican presidential nomination in the pr ...
, Warren attempted to position himself as a dark horse candidate who might emerge as a compromise nominee. However, Dewey won the nomination on the third ballot of the convention. Dewey once again asked Warren to serve as his running mate, and this time Warren agreed. Far ahead in the polls against President Harry S. Truman
Harry S. Truman (May 8, 1884December 26, 1972) was the 33rd president of the United States, serving from 1945 to 1953. A leader of the Democratic Party, he previously served as the 34th vice president from January to April 1945 under Franklin ...
, the Democratic nominee, Dewey ran a cautious campaign that largely focused on platitudes rather than issues. Warren campaigned across the country on behalf of the ticket, but was frustrated by his inability to support specific policies. To the surprise of many observers, Truman won the election, and this became the only election Warren ever lost.
After his 1950 re-election, Warren decided that he would seek the Republican nomination in the 1952 presidential election, and he announced his candidacy in November 1951. Taft also sought the nomination, but Dewey declined to make a third run for president. Dewey and his supporters instead conducted a long campaign to draft
Draft, The Draft, or Draught may refer to:
Watercraft dimensions
* Draft (hull), the distance from waterline to keel of a vessel
* Draft (sail), degree of curvature in a sail
* Air draft, distance from waterline to the highest point on a vessel ...
General Dwight D. Eisenhower
Dwight David "Ike" Eisenhower (born David Dwight Eisenhower; ; October 14, 1890 – March 28, 1969) was an American military officer and statesman who served as the 34th president of the United States from 1953 to 1961. During World War II, ...
as the Republican presidential nominee. Warren ran in three Republican presidential primaries, but won just a handful of delegates outside of his home state. In the California primary, he defeated a challenge from Thomas H. Werdel
Thomas Harold Werdel (September 13, 1905 – September 30, 1966) was an American politician and lawyer who served as an assembly member and Representative from California as a member of the Republican Party.
Werdel was staunchly conservative ...
, whose conservative backers alleged that Warren had "abandoned Republicanism and embraced the objectives of the New Deal." After Eisenhower entered the race, Warren realized that his only hope of nomination was to emerge as a compromise nominee at the 1952 Republican National Convention
The 1952 Republican National Convention was held at the International Amphitheatre in Chicago, Illinois from July 7 to 11, 1952, and nominated the popular general and war hero Dwight D. Eisenhower of New York, nicknamed "Ike," for president and ...
after a deadlock between supporters of Eisenhower and Taft.
After the primaries, Warren had the support of 80 delegates, while Eisenhower and Taft each had about 450 delegates. Though the California delegation was pledged to support Warren, many of the delegates personally favored Eisenhower or Taft. Unknown to Warren, Eisenhower supporters had promised Richard Nixon the vice presidency if he could swing the California delegation to Eisenhower. By the time of the convention, Nixon and his supporters had convinced most California delegates to switch their votes to Eisenhower after the first presidential ballot. Eisenhower won 595 votes on the first presidential ballot of the convention, just 9 short of the majority. Before the official end of the first ballot, several states shifted their votes to Eisenhower, giving him the nomination. Warren's decision to support a convention rule that unseated several contested delegations was critical to Eisenhower's victory; Eisenhower himself said that "if anyone ever clinched the nomination for me, it was Earl Warren." Nixon was named as Eisenhower's running mate, and Warren campaigned on behalf of the Republican ticket in fourteen different states. Ultimately, Eisenhower defeated Democratic nominee Adlai Stevenson II
Adlai Ewing Stevenson II (; February 5, 1900 – July 14, 1965) was an American politician and diplomat who was twice the Democratic nominee for President of the United States. He was the grandson of Adlai Stevenson I, the 23rd vice president of ...
, taking 55 percent of the national popular vote. Nixon resigned from the Senate to become vice president, and Warren appointed Thomas Kuchel
Thomas Henry Kuchel ( ; August 15, 1910 – November 21, 1994)
was an American politician. A moderate Republican, he served as a US Senator from California from 1953 to 1969 and was the minority whip in the Senate, where he was the co-manage ...
to the Senate seat vacated by Nixon.
Chief Justice of the United States
Appointment
After the 1952 election, President-elect Eisenhower promised that he would appoint Warren to the next vacancy on the Supreme Court of the United States
The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all U.S. federal court cases, and over state court cases that involve a point o ...
. Warren turned down the position of Secretary of the Interior Secretary of the Interior may refer to:
* Secretary of the Interior (Mexico)
* Interior Secretary of Pakistan
* Secretary of the Interior and Local Government (Philippines)
* United States Secretary of the Interior
See also
*Interior ministry ...
in the new administration, but in August 1953 he agreed to serve as the Solicitor General. In September 1953, before Warren's nomination as solicitor general was announced, Chief Justice Fred M. Vinson died. To fill the critical position of chief justice, Eisenhower considered either elevating a sitting Supreme Court justice or appointing another individual with judicial experience but ultimately chose to honor his promise to appoint Warren to the first Supreme Court vacancy. Explaining Warren's qualifications for the Court, Eisenhower wrote to his brother, "Warren has had seventeen years of practice in public law, during which his record was one of remarkable accomplishment and success.... He has been very definitely a liberal-conservative; he represents the kind of political, economic, and social thinking that I believe we need on the Supreme Court." Warren received a recess appointment
In the United States, a recess appointment is an appointment by the president of a federal official when the U.S. Senate is in recess. Under the U.S. Constitution's Appointments Clause, the President is empowered to nominate, and with the advi ...
in October 1953, and the Senate confirmed Warren's appointment by acclamation in March 1954. As of 2021, Warren is the most recent chief justice to have held statewide elected office at any point in his career and the most recent serving politician to be appointed Chief Justice. Warren was also the first Scandinavian-American
Nordic and Scandinavian Americans are Americans of Scandinavian and/or Nordic ancestry, including Danish Americans (estimate: 1,453,897), Faroese Americans, Finnish Americans (estimate: 653,222), Greenlandic Americans, Icelandic Americans (esti ...
to be appointed to the Supreme Court.[Schmidhauser, John Richard; ‘The Justices of the Supreme Court: A Collective Portrait’; '']Midwest Journal of Political Science
The ''American Journal of Political Science'' is a journal published by the Midwest Political Science Association. It was formerly known as the ''Midwest Journal of Political Science''. According to the ''Journal Citation Reports'', the journal ...
''; vol. 3, no. 1 (February 1959), pp. 1-57
Leadership and philosophy
When Warren was appointed, all of the other Supreme Court justices had been appointed by Presidents Franklin Roosevelt
Franklin Delano Roosevelt (; ; January 30, 1882April 12, 1945), often referred to by his initials FDR, was an American politician and attorney who served as the 32nd president of the United States from 1933 until his death in 1945. As the ...
or Harry Truman, and most were committed New Deal
The New Deal was a series of programs, public work projects, financial reforms, and regulations enacted by President Franklin D. Roosevelt in the United States between 1933 and 1939. Major federal programs agencies included the Civilian Cons ...
liberal Democrats. Nonetheless, they disagreed about the role that courts should play. Felix Frankfurter
Felix Frankfurter (November 15, 1882 – February 22, 1965) was an Austrian-American jurist who served as an Associate Justice of the Supreme Court of the United States from 1939 until 1962, during which period he was a noted advocate of judicia ...
led a faction that insisted upon judicial self-restraint and deference to the policymaking prerogatives of the White House and Congress. Hugo Black
Hugo Lafayette Black (February 27, 1886 – September 25, 1971) was an American lawyer, politician, and jurist who served as a U.S. Senator from Alabama from 1927 to 1937 and as an associate justice of the U.S. Supreme Court from 1937 to 1971. A ...
and William O. Douglas
William Orville Douglas (October 16, 1898January 19, 1980) was an American jurist who served as an associate justice of the Supreme Court of the United States, who was known for his strong progressive and civil libertarian views, and is often c ...
led the opposing faction by agreeing the Court should defer to Congress in matters of economic policy but favored a more activist role for the courts in matters related to individual liberties. Warren's belief that the judiciary must seek to do justice placed him with the Black and Douglas faction. William J. Brennan Jr.
William Joseph "Bill" Brennan Jr. (April 25, 1906 – July 24, 1997) was an American lawyer and jurist who served as an Associate Justice of the Supreme Court of the United States from 1956 to 1990. He was the seventh-longest serving justice ...
became the intellectual leader of the activist faction after he was appointed to the court by Eisenhower in 1956 and complemented Warren's political skills by the strong legal skills that Warren lacked.
As chief justice, Warren's most important prerogative was the power to assign opinions if he was in the majority. That power had a subtle but important role in shaping the Court's majority opinions, since different justices would write different opinions. Warren initially asked the senior associate justice, Hugo Black, to preside over conferences until he became accustomed to the processes of the Court. However, Warren learned quickly and soon was in fact, as well as in name, the Court's chief justice. Warren's strength lay in his public gravitas, his leadership skills, and his firm belief that the Constitution guaranteed natural rights and that the Court had a unique role in protecting those rights. His arguments did not dominate judicial conferences, but Warren excelled at putting together coalitions and cajoling his colleagues in informal meetings.
Warren saw the US Constitution as the embodiment of American values, and he cared deeply about the ethical implications of the Court's rulings. According to Justice Potter Stewart
Potter Stewart (January 23, 1915 – December 7, 1985) was an American lawyer and judge who served as an Associate Justice of the United States Supreme Court from 1958 to 1981. During his tenure, he made major contributions to, among other areas, ...
, Warren's philosophical foundations were the "eternal, rather bromidic, platitudes in which he sincerely believed" and "Warren's great strength was his simple belief in the things we now laugh at: motherhood, marriage, family, flag, and the like." The constitutional historian Melvin I. Urofsky concludes that "scholars agree that as a judge, Warren does not rank with Louis Brandeis
Louis Dembitz Brandeis (; November 13, 1856 – October 5, 1941) was an American lawyer and associate justice on the Supreme Court of the United States from 1916 to 1939.
Starting in 1890, he helped develop the "right to privacy" concept ...
, Black, or Brennan in terms of jurisprudence. His opinions were not always clearly written, and his legal logic was often muddled." Other scholars have also reached this conclusion.
1950s
''Brown v. Board of Education''
Soon after joining the Court, Warren presided over the case of ''Brown v. Board of Education
''Brown v. Board of Education of Topeka'', 347 U.S. 483 (1954), was a landmark decision by the U.S. Supreme Court, which ruled that U.S. state laws establishing racial segregation in public schools are unconstitutional, even if the segregat ...
'', which arose from the NAACP
The National Association for the Advancement of Colored People (NAACP) is a civil rights organization in the United States, formed in 1909 as an interracial endeavor to advance justice for African Americans by a group including W. E.&nb ...
's legal challenge against Jim Crow laws
The Jim Crow laws were state and local laws enforcing racial segregation in the Southern United States. Other areas of the United States were affected by formal and informal policies of segregation as well, but many states outside the Sout ...
. The Southern United States
The Southern United States (sometimes Dixie, also referred to as the Southern States, the American South, the Southland, or simply the South) is a geographic and cultural region of the United States of America. It is between the Atlantic Ocean ...
had implemented Jim Crow laws in aftermath of the Reconstruction Era
The Reconstruction era was a period in American history following the American Civil War (1861–1865) and lasting until approximately the Compromise of 1877. During Reconstruction, attempts were made to rebuild the country after the bloo ...
to disenfranchise
Disfranchisement, also called disenfranchisement, or voter disqualification is the restriction of suffrage (the right to vote) of a person or group of people, or a practice that has the effect of preventing a person exercising the right to vote. D ...
African Americans and segregate public schools and other institutions. In the 1896 case of ''Plessy v. Ferguson
''Plessy v. Ferguson'', 163 U.S. 537 (1896), was a landmark U.S. Supreme Court decision in which the Court ruled that racial segregation laws did not violate the U.S. Constitution as long as the facilities for each race were equal in quality ...
'', the Court had held that the Fourteenth Amendment did not prohibit segregation in public institutions if the institutions were "separate but equal
Separate but equal was a legal doctrine in United States constitutional law, according to which racial segregation did not necessarily violate the Fourteenth Amendment to the United States Constitution, which nominally guaranteed "equal protecti ...
." In the decades after ''Plessy'', the NAACP had won several incremental victories, but 17 states required the segregation of public schools by 1954. In 1951, the Vinson Court had begun hearing the NAACP's legal challenge to segregated school systems but had not rendered a decision when Warren took office.
By the early 1950s, Warren had become personally convinced that segregation was morally wrong and legally indefensible. Warren sought not only to overturn ''Plessy'' but also to have a unanimous verdict. Warren, Black, Douglas, Burton, and Minton supported overturning the precedent, but for different reasons, Robert H. Jackson
Robert Houghwout Jackson (February 13, 1892 – October 9, 1954) was an American lawyer, jurist, and politician who served as an Associate Justice of the Supreme Court of the United States, Associate Justice of the Supreme Court of the Unit ...
, Felix Frankfurter
Felix Frankfurter (November 15, 1882 – February 22, 1965) was an Austrian-American jurist who served as an Associate Justice of the Supreme Court of the United States from 1939 until 1962, during which period he was a noted advocate of judicia ...
, Tom C. Clark
Thomas Campbell Clark (September 23, 1899June 13, 1977) was an American lawyer who served as the 59th United States Attorney General from 1945 to 1949 and as Associate Justice of the Supreme Court of the United States from 1949 to 1967.
Clark ...
, and Stanley Forman Reed
Stanley Forman Reed (December 31, 1884 – April 2, 1980) was an American lawyer and jurist who served as an Associate Justice of the U.S. Supreme Court from 1938 to 1957. He also served as U.S. Solicitor General from 1935 to 1938.
Born in Mas ...
were reluctant to overturn ''Plessy''. Nonetheless, Warren won over Jackson, Frankfurter, and Clark, in part by allowing states and federal courts the flexibility to pursue desegregation of schools at different speeds. Warren extensively courted the last holdout, Reed, who finally agreed to join a unanimous verdict because he feared that a dissent would encourage resistance to the Court's holding. After the Supreme Court formally voted to hold that the segregation of public schools was unconstitutional, Warren drafted an eight-page outline from which his law clerks drafted an opinion, and the Court handed down its decision in May 1954. In the Deep South at the time, people could view signs claiming "Impeach
Impeachment is the process by which a legislative body or other legally constituted tribunal initiates charges against a public official for misconduct. It may be understood as a unique process involving both political and legal elements.
In E ...
Earl Warren."
Other decisions and events
In arranging a unanimous decision in ''Brown'', Warren fully established himself as the leader of the Court. He also remained a nationally prominent figure. After a 1955 Gallup poll found that a plurality of Republican respondents favored Warren as the successor to Eisenhower, Warren publicly announced that he would not resign from the Court under any circumstance. Eisenhower seriously considered retiring after one term and encouraging Warren to run in the 1956 presidential election but ultimately chose to run after he had received a positive medical report after his heart attack. Despite that brief possibility, a split developed between Eisenhower and Warren, and some writers believe that Eisenhower once remarked that his appointment was "the biggest damn fool mistake I ever made."
Meanwhile, many Southern politicians expressed outrage at the Court's decisions and promised to resist any federal attempt to force desegregation, a strategy known as massive resistance
Massive resistance was a strategy declared by U.S. Senator Harry F. Byrd Sr. of Virginia and his brother-in-law James M. Thomson, who represented Alexandria in the Virginia General Assembly, to get the state's white politicians to pass laws and p ...
. Although ''Brown'' did not mandate immediate school desegregation or bar other "separate but equal" institutions, most observers recognized that the decision marked the beginning of the end for the Jim Crow system. Throughout his years as chief justice, Warren succeeded in keeping decisions concerning segregation unanimous. ''Brown'' applied only to schools, but soon, the Court enlarged the concept to other state actions by striking down racial classification in many areas. Warren compromised by agreeing to Frankfurter's demand for the Court to go slowly in implementing desegregation. Warren used Frankfurter's suggestion for a 1955 decision (''Brown II'') to include the phrase "all deliberate speed." In 1956, after the Montgomery bus boycott
The Montgomery bus boycott was a political and social protest campaign against the policy of racial segregation on the public transit system of Montgomery, Alabama. It was a foundational event in the civil rights movement in the United States ...
, the Supreme Court affirmed a lower court's decision that segregated buses are unconstitutional. Two years later, Warren assigned Brennan to write the Court's opinion in ''Cooper v. Aaron
''Cooper v. Aaron'', 358 U.S. 1 (1958), was a landmark decision of the Supreme Court of the United States, which denied the school board of Little Rock, Arkansas, the right to delay racial desegregation for 30 months. On September 12, 1958, th ...
''. Brennan held that state officials were legally bound to enforce the Court's desegregation ruling in ''Brown''.
In the 1956 term, the Warren Court received condemnation from anticommunists such as US Senator Joseph McCarthy
Joseph Raymond McCarthy (November 14, 1908 – May 2, 1957) was an American politician who served as a Republican U.S. Senator from the state of Wisconsin from 1947 until his death in 1957. Beginning in 1950, McCarthy became the most visi ...
by handing down a series of decisions, including ''Yates v. United States
''Yates v. United States'', 354 U.S. 298 (1957), was a case decided by the Supreme Court of the United States that held that the First Amendment protected radical and reactionary speech, unless it posed a " clear and present danger."
Background
...
'', which struck down laws designed to suppress communists and later led to the decline of McCarthyism
McCarthyism is the practice of making false or unfounded accusations of subversion and treason, especially when related to anarchism, communism and socialism, and especially when done in a public and attention-grabbing manner.
The term origin ...
. The Warren Court's decisions on those cases represented a major shift from the Vinson Court
The Vinson Court refers to the Supreme Court of the United States from 1946 to 1953, when Fred M. Vinson served as Chief Justice of the United States. Vinson succeeded Harlan F. Stone as Chief Justice after the latter's death, and Vinson served ...
, which had generally upheld such laws during the Second Red Scare
McCarthyism is the practice of making false or unfounded accusations of subversion and treason, especially when related to anarchism, communism and socialism, and especially when done in a public and attention-grabbing manner.
The term origina ...
.
1960s
After the Republican Party nominated Richard Nixon in the 1960 presidential election, Warren privately supported the Democratic nominee, John F. Kennedy
John Fitzgerald Kennedy (May 29, 1917 – November 22, 1963), often referred to by his initials JFK and the nickname Jack, was an American politician who served as the 35th president of the United States from 1961 until his assassination ...
. They became personally close after Kennedy was inaugurated. Warren later wrote that "no American during my long life ever set his sights higher for a better America or centered his attacks more accurately on the evils and shortcomings of our society than did ennedy" In 1962, Frankfurter retired and was replaced by Kennedy appointee Arthur Goldberg
Arthur Joseph Goldberg (August 8, 1908January 19, 1990) was an American statesman and jurist who served as the 9th U.S. Secretary of Labor, an Associate Justice of the Supreme Court of the United States, and the 6th United States Ambassador to ...
, which gave the liberal bloc a majority on the Court. Goldberg left the Court in 1965 but was replaced by Abe Fortas
Abraham Fortas (June 19, 1910 – April 5, 1982) was an American lawyer and jurist who served as an associate justice of the Supreme Court of the United States from 1965 to 1969. Born and raised in Memphis, Tennessee, Fortas graduated from Rhod ...
, who largely shared Goldberg's judicial philosophy. With the liberal bloc firmly in control, the Warren Court handed down a series of momentous rulings in the 1960s.
Bill of Rights
The 1960s marked a major shift in constitutional interpretation, as the Warren Court continued the process of the incorporation of the Bill of Rights
In United States constitutional law, incorporation is the doctrine by which portions of the Bill of Rights have been made applicable to the states. When the Bill of Rights was ratified, the courts held that its protections extended only to the ...
in which the provisions of the first ten amendments to the US Constitution were applied to the states. Warren saw the Bill of Rights as a codification of "the natural rights of man" against the government and believed that incorporation would bring the law "into harmony with moral principles." When Warren took office, most of the provisions of the First Amendment
First or 1st is the ordinal form of the number one (#1).
First or 1st may also refer to:
*World record, specifically the first instance of a particular achievement
Arts and media Music
* 1$T, American rapper, singer-songwriter, DJ, and rec ...
already applied to the states, but the vast majority of the Bill of Rights applied only to the federal government. The Warren Court saw the incorporation of the remaining provisions of the First Amendment as well as all or part of the Fourth, Fifth, Sixth, and Eighth Amendments. The Warren Court also handed down numerous other important decisions regarding the Bill of Rights, especially in the field of criminal procedure.
In ''New York Times Co. v. Sullivan
''New York Times Co. v. Sullivan'', 376 U.S. 254 (1964), was a landmark U.S. Supreme Court decision ruling that the First Amendment to the U.S. Constitution's freedom of speech protections limit the ability of American public officials to sue for ...
'', the Supreme Court reversed a libel conviction of the publisher of the ''New York Times''. In the majority opinion, Brennan articulated the actual malice
Actual malice in United States law is a legal requirement imposed upon public officials or public figures when they file suit for libel (defamatory printed communications). Compared to other individuals who are less well known to the general publi ...
standard for libel against public officials, which has become an enduring part of constitutional law. In ''Tinker v. Des Moines Independent Community School District
''Tinker v. Des Moines Independent Community School District'', 393 U.S. 503 (1969), was a landmark decision by the United States Supreme Court that defined First Amendment rights of students in U.S. public schools. The ''Tinker'' test, also k ...
'', the Court reversed the suspension of an eighth-grade student who wore a black armband in protest of the Vietnam War
The Vietnam War (also known by #Names, other names) was a conflict in Vietnam, Laos, and Cambodia from 1 November 1955 to the fall of Saigon on 30 April 1975. It was the second of the Indochina Wars and was officially fought between North Vie ...
. Fortas's majority opinion noted that students did not "shed their constitutional rights to freedom of speech or expression at the schoolhouse gate." The Court's holding in ''United States v. Seeger
''United States v. Seeger'', 380 U.S. 163 (1965), was a case in which the United States Supreme Court ruled that the exemption from the military draft for conscientious objectors could be reserved not only for those professing conformity with the ...
'' expanded those who could be classified as conscientious objectors
A conscientious objector (often shortened to conchie) is an "individual who has claimed the right to refuse to perform military service" on the grounds of freedom of thought, conscience, or religion. The term has also been extended to object ...
under the Selective Service System
The Selective Service System (SSS) is an Independent agencies of the United States government, independent agency of the Federal government of the United States, United States government that maintains information on U.S. Citizenship of the Unite ...
by allowing nonreligious individuals with ethical objections to claim conscientious objector status. Another case, ''United States v. O'Brien
''United States v. O'Brien'', 391 U.S. 367 (1968), was a landmark decision of the United States Supreme Court, ruling that a criminal prohibition against burning a draft card did not violate the First Amendment's guarantee of free speech. Thoug ...
'', saw the Court uphold a prohibition against burning draft-cards. Warren dissented in ''Street v. New York
''Street v. New York'', 394 U.S. 576 (1969), was a United States Supreme Court case in which the Court held that a New York state law making it a crime "publicly omutilate, deface, defile, or defy, trample upon, or cast contempt upon either by w ...
'' in which the Court struck down a state law that prohibited the desecration of the American flag
The national flag of the United States of America, often referred to as the ''American flag'' or the ''U.S. flag'', consists of thirteen equal horizontal stripes of red (top and bottom) alternating with white, with a blue rectangle in the c ...
. When his law clerks asked why he dissented in the case, Warren stated, "Boys, it's the American flag. I'm just not going to vote in favor of burning the American flag." In the 1969 case of ''Brandenburg v. Ohio
''Brandenburg v. Ohio'', 395 U.S. 444 (1969), was a landmark decision of the United States Supreme Court interpreting the First Amendment to the U.S. Constitution. The Court held that the government cannot punish inflammatory speech unless that sp ...
'', the Court held that governments cannot punish speech unless it is "directed to inciting or producing imminent lawless action
"Imminent lawless action" is one of several legal standards American courts use to determine whether certain speech is protected under the First Amendment of the United States Constitution. The standard was first established in 1969 in the Unite ...
and is likely to incite or produce such action."
In 1962, ''Engel v. Vitale
''Engel v. Vitale'', 370 U.S. 421 (1962), was a landmark United States Supreme Court case in which the Court ruled that it is unconstitutional for state officials to compose an official school prayer and encourage its recitation in public school ...
'' held that the Establishment Clause
In United States law, the Establishment Clause of the First Amendment to the United States Constitution, together with that Amendment's Free Exercise Clause, form the constitutional right of freedom of religion. The relevant constitutional text ...
prohibits mandatory prayer in public school. The ruling sparked a strong backlash from many political and religious leaders, some of whom called for the impeachment of Warren. Warren became a favored target of right-wing groups, such as the John Birch Society
The John Birch Society (JBS) is an American right-wing political advocacy group. Founded in 1958, it is anti-communist, supports social conservatism, and is associated with ultraconservative, radical right, far-right, or libertarian ideas.
T ...
, as well as the 1964 Republican presidential nominee, Barry Goldwater
Barry Morris Goldwater (January 2, 1909 – May 29, 1998) was an American politician and United States Air Force officer who was a five-term U.S. Senator from Arizona (1953–1965, 1969–1987) and the Republican Party nominee for presiden ...
. ''Engel'', the criminal procedure cases, and the persistent criticism of conservative politicians like Goldwater and Nixon contributed to a decline in the Court's popularity in the mid- and the late 1960s. ''Griswold v. Connecticut
''Griswold v. Connecticut'', 381 U.S. 479 (1965), was a landmark decision of the U.S. Supreme Court in which the Court ruled that the Constitution of the United States protects the liberty of married couples to buy and use contraceptives withou ...
'' had the Court strike down a state law designed to restrict access to contraception
Birth control, also known as contraception, anticonception, and fertility control, is the use of methods or devices to prevent unwanted pregnancy. Birth control has been used since ancient times, but effective and safe methods of birth contr ...
, and it established a constitutional right to privacy
The right to privacy is an element of various legal traditions that intends to restrain governmental and private actions that threaten the privacy of individuals. Over 150 national constitutions mention the right to privacy. On 10 December 1948 ...
. ''Griswold'' later provided an important precedent for the case of ''Roe v. Wade
''Roe v. Wade'', 410 U.S. 113 (1973),. was a landmark decision of the U.S. Supreme Court in which the Court ruled that the Constitution of the United States conferred the right to have an abortion. The decision struck down many federal and st ...
'', which disallowed many laws designed to restrict access to abortion
Abortion is the termination of a pregnancy by removal or expulsion of an embryo or fetus. An abortion that occurs without intervention is known as a miscarriage or "spontaneous abortion"; these occur in approximately 30% to 40% of pregn ...
.
Criminal procedure
In the early 1960s, the Court increasingly turned its attention to criminal procedure, which had traditionally been primarily a domain of the states. In '' Elkins v. United States'' (1960), Warren joined with the majority in striking down the "Silver Platter Doctrine," a loophole to the exclusionary rule
In the United States, the exclusionary rule is a legal rule, based on constitutional law, that prevents evidence collected or analyzed in violation of the defendant's constitutional rights from being used in a court of law. This may be consider ...
that had allowed federal officials to use evidence that had been illegally gathered by state officials. The next year, in ''Mapp v. Ohio
''Mapp v. Ohio'', 367 U.S. 643 (1961), was a landmark decision of the Supreme Court of the United States, U.S. Supreme Court in which the Court ruled that the exclusionary rule, which prevents prosecutors from using Evidence (law), evidence in co ...
'', the Court held that the Fourth Amendment's prohibition on "unreasonable searches and seizures" applied to state officials. Warren wrote the majority opinion in ''Terry v. Ohio
''Terry v. Ohio'', 392 U.S. 1 (1968), was a landmark U.S. Supreme Court decision in which the Court ruled that it is constitutional for American police to "stop and frisk" a person they reasonably suspect to be armed and involved in a crime. Spe ...
'' (1968) in which the Court established that police officers may frisk a criminal suspect if they have a reasonable suspicion
Reasonable suspicion is a legal standard of proof in United States law that is less than probable cause, the legal standard for arrests and warrants, but more than an "inchoate and unparticularized suspicion or 'hunch; it must be based on "specif ...
that the suspect is committing or is about to commit a crime. In ''Gideon v. Wainwright
''Gideon v. Wainwright'', 372 U.S. 335 (1963), was a landmark U.S. Supreme Court decision in which the Court ruled that the Sixth Amendment of the U.S. Constitution requires U.S. states to provide attorneys to criminal defendants who are unable ...
'' (1962), the Court held that the Sixth Amendment required states to furnish publicly-funded attorneys to all criminal defendants accused of a felony
A felony is traditionally considered a crime of high seriousness, whereas a misdemeanor is regarded as less serious. The term "felony" originated from English common law (from the French medieval word "félonie") to describe an offense that resu ...
and unable to afford counsel. Prior to ''Gideon'', criminal defendants had been guaranteed the right to counsel only in federal trials and capital
Capital may refer to:
Common uses
* Capital city, a municipality of primary status
** List of national capital cities
* Capital letter, an upper-case letter Economics and social sciences
* Capital (economics), the durable produced goods used f ...
cases.
In ''Escobedo v. Illinois
''Escobedo v. Illinois'', 378 U.S. 478 (1964), was a Supreme Court of the United States, United States Supreme Court case holding that criminal suspects have a right to counsel during police interrogations under the Sixth Amendment to the United ...
'' (1964), the Court held that the Sixth Amendment guarantees criminal suspects the right to speak to their counsel during police interrogations. ''Escobedo'' was limited to criminal suspects who had an attorney at the time of their arrest and requested to speak with that counsel. In the landmark case of ''Miranda v. Arizona
''Miranda v. Arizona'', 384 U.S. 436 (1966), was a landmark decision of the U.S. Supreme Court in which the Court ruled that the Fifth Amendment to the U.S. Constitution restricts prosecutors from using a person's statements made in response to ...
'', Warren wrote the majority opinion, which established a right to counsel for every criminal suspect and required police to give criminal suspects what became known as a "Miranda warning
In the United States, the ''Miranda'' warning is a type of notification customarily given by police to criminal suspects in police custody (or in a custodial interrogation) advising them of their right to silence and, in effect, protection fr ...
" in which suspects are notified of their right to an attorney and their right to silence
The right to silence is a legal principle which guarantees any individual the right to refuse to answer questions from law enforcement officers or court officials. It is a legal right recognized, explicitly or by convention, in many of the worl ...
. Warren incorporated some suggestions from Brennan, but his holding in ''Miranda'' was most influenced by his past experiences as a district attorney. Unlike many of the other Warren Court decisions, including ''Mapp'' and ''Gideon'', ''Miranda'' created standards that went far beyond anything that had been established by any of the states. ''Miranda'' received a strong backlash from law enforcement and political leaders. Conservatives angrily denounced what they called the "handcuffing of the police."
Reapportionment (one man, one vote)
In 1959, several residents dissatisfied with Tennessee's legislative districts brought suit against the state in ''Baker v. Carr
''Baker v. Carr'', 369 U.S. 186 (1962), was a landmark United States Supreme Court case in which the Court held that redistricting qualifies as a justiciable question under the Fourteenth Amendment, thus enabling federal courts to hear Fourteen ...
''. Like many other states, Tennessee had state legislative districts of unequal populations, and the plaintiffs sought more equitable legislative districts. In ''Colegrove v. Green
''Colegrove v. Green'', 328 U.S. 549 (1946), was a United States Supreme Court case. Writing for a 4–3 plurality, Justice Felix Frankfurter held that the federal judiciary had no power to interfere with malapportioned Congressional districts.. T ...
'' (1946), the Supreme Court had declined to become involved in legislative apportionment and instead left the issue as a matter for Congress and the states. In ''Gomillion v. Lightfoot
''Gomillion v. Lightfoot'', 364 U.S. 339 (1960), was a landmark decision of the Supreme Court of the United States that found an electoral district with boundaries created to disenfranchise African Americans violated the Fifteenth Amendment.
Bac ...
'' (1960), the Court struck down a redistricting plan designed to disenfranchise African-American voters, but many of the justices were reluctant to involve themselves further in redistricting. Frankfurter insisted that the Court should avoid the "political thicket" of apportionment and warned that the Court would never be able to find a clear formula to guide lower courts. Warren helped convince Associate Justice Potter Stewart
Potter Stewart (January 23, 1915 – December 7, 1985) was an American lawyer and judge who served as an Associate Justice of the United States Supreme Court from 1958 to 1981. During his tenure, he made major contributions to, among other areas, ...
to join Brennan's majority decision in ''Baker v. Carr'', which held that redistricting was not a political question
In United States constitutional law, the political question doctrine holds that a constitutional dispute that requires knowledge of a non-legal character or the use of techniques not suitable for a court or explicitly assigned by the Constitution ...
and so federal courts had jurisdiction over the issue. The opinion did not directly require Tennessee to implement redistricting but instead left it to a federal district court to determine whether Tennessee's districts violated the Constitution. In another case, ''Gray v. Sanders
''Gray v. Sanders'', 372 U.S. 368 (1963), was a Supreme Court of the United States case dealing with equal representation in regard to the American election system and formulated the famous "one person, one vote" standard applied in this case ...
'', the Court struck down Georgia's County Unit System
The county unit system was a voting system used by the U.S. state of Georgia to determine a victor in statewide primary elections from 1917 until 1962.
History
Though the county unit system had informally been used since 1898, it was formally enac ...
, which granted disproportional power to rural counties in party primaries. In a third case, ''Wesberry v. Sanders
''Wesberry v. Sanders'', 376 U.S. 1 (1964), was a landmark U.S. Supreme Court case in which the Court ruled that districts in the United States House of Representatives must be approximately equal in population. Along with '' Baker v. Carr'' (1 ...
'', the Court required states to draw congressional districts of equal population.
In ''Reynolds v. Sims
''Reynolds v. Sims'', 377 U.S. 533 (1964), was a landmark United States Supreme Court case in which the Court ruled that the electoral districts of state legislative chambers must be roughly equal in population. Along with ''Baker v. Carr'' (196 ...
'' (1963), the chief justice wrote what biographer Ed Cray terms "the most influential of the 170 majority opinions arrenwould write." While eight of the nine justices had voted to require congressional districts of equal population in ''Wesberry'', some of the justices were reluctant to require state legislative districts to be of equal population. Warren indicated that the Equal Protection Clause
The Equal Protection Clause is part of the first section of the Fourteenth Amendment to the United States Constitution. The clause, which took effect in 1868, provides "''nor shall any State ... deny to any person within its jurisdiction the equal ...
required that state legislative districts be apportioned on an equal basis: "legislators represent people, not trees or acres. Legislators are elected by voters, not farms or cities or economic interests." His holding upheld the principle of "one man, one vote
"One man, one vote", or "one person, one vote", expresses the principle that individuals should have equal representation in voting. This slogan is used by advocates of political equality to refer to such electoral reforms as universal suffrage, ...
," which had previously been articulated by Douglas. After the decision, the states reapportioned their legislatures quickly and with minimal troubles. Numerous commentators have concluded reapportionment was the Warren Court's great "success story."
Civil rights
Civil rights continued to be a major issue facing the Warren Court in the 1960s. In ''Peterson v. Greenville'' (1963), Warren wrote the Court's majority opinion, which struck down local ordinances that prohibited restaurants from serving black and white individuals in the same room. Later that decade, the Court upheld the constitutionality of the Civil Rights Act of 1964
The Civil Rights Act of 1964 () is a landmark civil rights and United States labor law, labor law in the United States that outlaws discrimination based on Race (human categorization), race, Person of color, color, religion, sex, and nationa ...
in '' Heart of Atlanta Motel, Inc. v. United States''. The Court held that the Commerce Clause
The Commerce Clause describes an enumerated power listed in the United States Constitution ( Article I, Section 8, Clause 3). The clause states that the United States Congress shall have power "to regulate Commerce with foreign Nations, and amon ...
empowered the federal government to prohibit racial segregation in public accommodations
In United States law, public accommodations are generally defined as facilities, whether publicly or privately owned, that are used by the public at large. Examples include retail stores, rental establishments, and service establishments as well ...
like hotels. The ruling effectively overturned the 1883 ''Civil Rights Cases
The ''Civil Rights Cases'', 109 U.S. 3 (1883), were a group of five landmark cases in which the Supreme Court of the United States held that the Thirteenth and Fourteenth Amendments did not empower Congress to outlaw racial discrimination by pr ...
'' in which the Supreme Court had held that Congress could not regulate racial discrimination by private businesses. The Court upheld another landmark civil rights act, the Voting Rights Act of 1965
The Voting Rights Act of 1965 is a landmark piece of federal legislation in the United States that prohibits racial discrimination in voting. It was signed into law by President Lyndon B. Johnson during the height of the civil rights movement ...
, by holding that it was valid under the authority provided to Congress by the Fifteenth Amendment.
In 1967, Warren wrote the majority opinion in the landmark case of ''Loving v. Virginia
''Loving v. Virginia'', 388 U.S. 1 (1967), was a List of landmark court decisions in the United States, landmark civil rights decision of the U.S. Supreme Court in which the Court ruled that Anti-miscegenation laws in the United States, laws ban ...
'' in which the Court struck down state laws banning interracial marriage. Warren was particularly pleased by the ruling in ''Loving'' since he had long regretted that the Court had not taken up the similar case of ''Naim v. Naim
''Naim v. Naim'', 197 Va. 80; 87 S.E.2d 749 (1955), is a case regarding interracial marriage. The case was decided by the Supreme Court of Virginia on June 13, 1955. The Court held the marriage between the appellant (Han Say Naim) and the appellee ...
'' in 1955. In ''Harper v. Virginia State Board of Elections
''Harper v. Virginia State Board of Elections'', 383 U.S. 663 (1966), was a case in which the U.S. Supreme Court found that Virginia's poll tax was unconstitutional under the equal protection clause of the 14th Amendment. In the late 19th and ea ...
'' (1966), the Court struck down poll taxes
A poll tax, also known as head tax or capitation, is a tax levied as a fixed sum on every liable individual (typically every adult), without reference to income or resources.
Head taxes were important sources of revenue for many governments fr ...
in state elections. In another case, ''Bond v. Floyd
''Bond v. Floyd'', 385 U.S. 116 (1966), was a United States Supreme Court case.
Background
Julian Bond, an African American, was elected to the Georgia House of Representatives in June 1965. Bond was a member of the Student Nonviolent Coordinat ...
'', the Court required the Georgia legislature to seat the newly-elected legislator Julian Bond
Horace Julian Bond (January 14, 1940 – August 15, 2015) was an American social activist, leader of the civil rights movement, politician, professor, and writer. While he was a student at Morehouse College in Atlanta, Georgia, during the e ...
; members of the legislature had refused to seat Bond because he opposed the Vietnam War
The Vietnam War (also known by #Names, other names) was a conflict in Vietnam, Laos, and Cambodia from 1 November 1955 to the fall of Saigon on 30 April 1975. It was the second of the Indochina Wars and was officially fought between North Vie ...
.
Warren Commission
Shortly after the assassination of John F. Kennedy
John F. Kennedy, the 35th president of the United States, was assassinated on Friday, November 22, 1963, at 12:30 p.m. CST in Dallas, Texas, while riding in a presidential motorcade through Dealey Plaza. Kennedy was in the vehicle with ...
, the newly-sworn-in president, Lyndon B. Johnson
Lyndon Baines Johnson (; August 27, 1908January 22, 1973), often referred to by his initials LBJ, was an American politician who served as the 36th president of the United States from 1963 to 1969. He had previously served as the 37th vice ...
, convinced Warren to serve as the head of a bipartisan commission tasked with investigating the assassination. From December 1963 to October 1964, Warren simultaneously served as chief justice of the United States and chairman of the Warren Commission
The President's Commission on the Assassination of President Kennedy, known unofficially as the Warren Commission, was established by President Lyndon B. Johnson through on November 29, 1963, to investigate the assassination of United States Pr ...
.
At the start of the investigation, Warren decided to hire the commission's legal staff from outside the government to avoid any improper influence on their work. Warren appointed Lee Rankin as general counsel and worked closely with Rankin and his assistants, Howard P. Willens and Norman Redlich
Norman Redlich (November 12, 1925 – June 10, 2011) was an American lawyer and academic. As a lawyer he is best remembered for his pioneering work in establishing a system of pro bono defense for inmates in New York State who did not have the fina ...
, to recruit staff lawyers, supervise their investigation and publish the Commission's report. To avoid the confusion and duplication of parallel investigations, Warren convinced the Texas authorities to defer any local inquiry into the assassination.
Warren was personally involved in several aspects of the investigation. He supervised four days of testimony by Lee Harvey Oswald's widow, Marina Oswald
Marina Nikolayevna Oswald Porter ( Prusakova; russian: Марина Николаевна Прусакова; born July 17, 1941) is the Russian-American widow of Lee Harvey Oswald, the assassin of US President John F. Kennedy.
Early life
Porte ...
, and was widely criticized for telling the press that, although her testimony would be publicly disclosed, “it might not be in your lifetime.” He attended the closed-door interview of Jacqueline Kennedy
Jacqueline Lee Kennedy Onassis ( ; July 28, 1929 – May 19, 1994) was an American socialite, writer, photographer, and book editor who served as first lady of the United States from 1961 to 1963, as the wife of President John F. Kennedy. A po ...
and insisted on participating in the deposition of Jack Ruby
Jack Leon Ruby (born Jacob Leon Rubenstein; April 25, 1911January 3, 1967) was an American nightclub owner and alleged associate of the Chicago Outfit who murdered Lee Harvey Oswald on November 24, 1963, two days after Oswald was accused of th ...
in Dallas, where he visited the book depository. Warren also participated in the investigation of Kennedy's medical treatment and autopsy. At Robert Kennedy
Robert Francis Kennedy (November 20, 1925June 6, 1968), also known by his initials RFK and by the nickname Bobby, was an American lawyer and politician who served as the 64th United States Attorney General from January 1961 to September 1964, a ...
's insistence, Warren handled the difficult task of reviewing the autopsy photos alone. Because the photos were so gruesome, Warren decided that they should not be included in the Commission's records.
Warren closely supervised the drafting of the Commission's report. He wanted to ensure that Commission members had ample opportunity to evaluate the staff's work and to make their own judgments about important conclusions in the report. He insisted that the report should be unanimous and so he compromised on a number of issues to get all the members to sign the final version. Although a reenactment of the assassination “produced convincing evidence” supporting the single-bullet theory, the Commission decided not to take a position on the single-bullet theory. The Commission unanimously concluded that the assassination was the result of a single individual, Lee Harvey Oswald
Lee Harvey Oswald (October 18, 1939 – November 24, 1963) was a U.S. Marine veteran who assassinated John F. Kennedy, the 35th president of the United States, on November 22, 1963.
Oswald was placed in juvenile detention at the age of 12 fo ...
, who acted alone.
The Warren Commission was an unhappy experience for the chief justice. As Willens recalled, “One can't say too much about the Chief's sacrifice. The work was a drain on his physical well-being.” However, Warren always believed that the Commission's primary conclusion, that Oswald acted alone, was correct. In his memoirs, Warren wrote that Oswald was incapable of being the key operative in a conspiracy, and that any high-level government conspiracy would inevitably have been discovered. ''Newsweek'' magazine quoted Warren saying that, if he handled the Oswald case as a district attorney, “I could have gotten a conviction in two days and never heard about the case again.” Warren wrote that "the facts of the assassination itself are simple, so simple that many people believe it must be more complicated and conspiratorial to be true." Warren told the Commission staff not to worry about conspiracy theories
A conspiracy theory is an explanation for an event or situation that invokes a conspiracy by sinister and powerful groups, often political in motivation, when other explanations are more probable.Additional sources:
*
*
*
* The term has a nega ...
and other criticism of the report because “history will prove us right.”
Retirement
By 1968, Warren was ready to retire from the Court. He hoped to travel the world with his wife, and he wanted to leave the bench before he suffered a mental decline, something that he perceived in both Hugo Black and William Douglas. He also feared that Nixon would win the 1968 presidential election and appoint a conservative successor if Warren left the Court later. On 13 June 1968, Warren submitted his letter of resignation to President Johnson (who made it official on 21 June), effective upon the confirmation of a successor. In an election year, confirmation of a successor was not assured; after Warren announced his retirement, about half of the Senate Republican caucus pledged to oppose any Supreme Court appointment prior to the election.
Johnson nominated Associate Justice Fortas, a personal friend and adviser to the president, as Warren's successor, and nominated federal appellate judge Homer Thornberry
William Homer Thornberry (January 9, 1909 – December 12, 1995) was an American politician and judge. He served as the United States representative from the 10th congressional district of Texas from 1949 to 1963. From 1963 to 1965 he was a j ...
to succeed Fortas. Republicans and Southern Democrats joined together to scuttle Fortas's nomination. Their opposition centered on criticism of the Warren Court, including many decisions that had been handed down before Fortas joined the Court, as well as ethical concerns related to Fortas's paid speeches and closeness with Johnson. Though the majority of the Senate may have favored the confirmation of Fortas, opponents conducted a filibuster
A filibuster is a political procedure in which one or more members of a legislative body prolong debate on proposed legislation so as to delay or entirely prevent decision. It is sometimes referred to as "talking a bill to death" or "talking out ...
, which blocked the Senate from voting on the nomination, and Johnson withdrew the nomination. In early 1969, Warren learned that Fortas had made a secret lifetime contract for $20,000 a year to provide private legal advice to Louis Wolfson
Louis Elwood Wolfson (January 28, 1912 – December 30, 2007) was an American financier, a convicted felon, and one of the first modern corporate raiders, labeled by ''Time'' as such in a 1956 article.[Hubert Humphrey
Hubert Horatio Humphrey Jr. (May 27, 1911 – January 13, 1978) was an American pharmacist and politician who served as the 38th vice president of the United States from 1965 to 1969. He twice served in the United States Senate, representing Mi ...]
in the 1968 presidential election and took office in January 1969. Though reluctant to be succeeded by a Nixon appointee, Warren declined to withdraw his letter of resignation. He believed that withdrawing the letter would be "a crass admission that he was resigning for political reasons." Nixon and Warren jointly agreed that Warren would retire in June 1969 to ensure that the Court would have a chief justice throughout the 1968 term and to allow Nixon to focus on other matters in the first months of his presidency. Nixon did not solicit Warren's opinion regarding the next chief justice and ultimately appointed the conservative federal appellate judge Warren E. Burger
Warren Earl Burger (September 17, 1907 – June 25, 1995) was an American attorney and jurist who served as the 15th chief justice of the United States from 1969 to 1986. Born in Saint Paul, Minnesota, Burger graduated from the William Mitchell ...
. Warren later regretted his decision to retire and reflected, "If I had ever known what was going to happen to this country and this Court, I never would have resigned. They would have had to carry me out of there on a plank." In addition, he later remarked on his retirement and on the Warren Court, "I would like the Court to be remembered as the people's court."
Final years and death
After stepping down from the Court, Warren began working on his memoirs and took numerous speaking engagements. He also advocated for an end to the Vietnam War and the elimination of poverty. He avoided publicly criticizing the Burger Court
The Burger Court was the period in the history of the Supreme Court of the United States from 1969 to 1986, when Warren Burger served as Chief Justice of the United States. Burger succeeded Earl Warren as Chief Justice after the latter's retir ...
, but was privately distressed by the Court's increasingly conservative holdings. He closely followed investigations into the Watergate scandal
The Watergate scandal was a major political scandal in the United States involving the administration of President Richard Nixon from 1972 to 1974 that led to Nixon's resignation. The scandal stemmed from the Nixon administration's continual ...
, a major political scandal that stemmed from a break-in of the Democratic National Committee
The Democratic National Committee (DNC) is the governing body of the United States Democratic Party. The committee coordinates strategy to support Democratic Party candidates throughout the country for local, state, and national office, as well a ...
's headquarters and the Nixon administration's subsequent attempts to cover up that break-in. Warren continued to hold Nixon in low regard, privately stating that Nixon was "perhaps the most despicable president that this country has ever had."
Five years into retirement, Warren died due to cardiac arrest
Cardiac arrest is when the heart suddenly and unexpectedly stops beating. It is a medical emergency that, without immediate medical intervention, will result in sudden cardiac death within minutes. Cardiopulmonary resuscitation (CPR) and possib ...
at Georgetown University Hospital
MedStar Georgetown University Hospital is one of the Washington, D.C. area's oldest academic teaching hospitals. It is a not-for-profit, acute care teaching and research facility located in the Georgetown neighborhood of the Northwest Quadrant ...
in Washington, D.C., at 8:10 p.m. on July 9, 1974 at the age of 83. He had been hospitalized since July 2 due to congestive heart failure
Heart failure (HF), also known as congestive heart failure (CHF), is a syndrome, a group of signs and symptoms caused by an impairment of the heart's blood pumping function. Symptoms typically include shortness of breath, excessive fatigue, a ...
and coronary insufficiency
Coronary artery disease (CAD), also called coronary heart disease (CHD), ischemic heart disease (IHD), myocardial ischemia, or simply heart disease, involves Ischemia, the reduction of blood flow to the myocardium, heart muscle due to build-up o ...
. On that same day, he was visited by Justices Brennan and Douglas, until 5:30 p.m. Warren could not resist asking his friends whether the Court would order President Nixon to release the sixty-four tapes demanded by the Watergate investigation. Both justices assured him that the court had voted unanimously in ''United States v. Nixon
''United States v. Nixon'', 418 U.S. 683 (1974), was a landmark United States Supreme Court case that resulted in a unanimous decision against President Richard Nixon, ordering him to deliver tape recordings and other subpoenaed materials to a ...
'' for the release of the tapes. Relieved, Warren died just a few hours later, safe in the knowledge that the Court he had so loved would force justice on the man who had been his most bitter foe.
Warren had his wife and one of his daughters, Nina Elizabeth Brien, at his bedside when he passed away. After he lay in repose
Lying in repose is the tradition in which the body of a deceased person, often of high social stature, is made available for public viewing. Lying in repose differs from the more formal honor of lying in state, which is generally held at the pr ...
in the Great Hall of the United States Supreme Court Building
The Supreme Court Building houses the Supreme Court of the United States. Also referred to as "The Marble Palace," the building serves as the official workplace of the chief justice of the United States and the eight associate justices of th ...
, his funeral was held at Washington National Cathedral
The Cathedral Church of Saint Peter and Saint Paul in the City and Diocese of Washington, commonly known as Washington National Cathedral, is an American cathedral of the Episcopal Church. The cathedral is located in Washington, D.C., the cap ...
, and he was interred at Arlington National Cemetery
Arlington National Cemetery is one of two national cemeteries run by the United States Army. Nearly 400,000 people are buried in its 639 acres (259 ha) in Arlington, Virginia. There are about 30 funerals conducted on weekdays and 7 held on Sa ...
.
Legacy
Historical reputation
Warren is generally considered to be one of the most influential U.S. Supreme Court justices, as well as political leaders in the history of the United States. The Warren Court
The Warren Court was the period in the history of the Supreme Court of the United States during which Earl Warren served as Chief Justice. Warren replaced the deceased Fred M. Vinson as Chief Justice in 1953, and Warren remained in office until ...
has been recognized by many to have created a liberal
Liberal or liberalism may refer to:
Politics
* a supporter of liberalism
** Liberalism by country
* an adherent of a Liberal Party
* Liberalism (international relations)
* Sexually liberal feminism
* Social liberalism
Arts, entertainment and m ...
"Constitutional Revolution", which embodied a deep belief in equal justice, freedom
Freedom is understood as either having the ability to act or change without constraint or to possess the power and resources to fulfill one's purposes unhindered. Freedom is often associated with liberty and autonomy in the sense of "giving on ...
, democracy
Democracy (From grc, δημοκρατία, dēmokratía, ''dēmos'' 'people' and ''kratos'' 'rule') is a form of government in which the people have the authority to deliberate and decide legislation (" direct democracy"), or to choose gov ...
, and human rights
Human rights are Morality, moral principles or Social norm, normsJames Nickel, with assistance from Thomas Pogge, M.B.E. Smith, and Leif Wenar, 13 December 2013, Stanford Encyclopedia of PhilosophyHuman Rights Retrieved 14 August 2014 for ce ...
. In July 1974, after Warren died, the ''Los Angeles Times
The ''Los Angeles Times'' (abbreviated as ''LA Times'') is a daily newspaper that started publishing in Los Angeles in 1881. Based in the LA-adjacent suburb of El Segundo since 2018, it is the sixth-largest newspaper by circulation in the Un ...
'' commented that "Mr. Warren ranked with John Marshall
John Marshall (September 24, 1755July 6, 1835) was an American politician and lawyer who served as the fourth Chief Justice of the United States from 1801 until his death in 1835. He remains the longest-serving chief justice and fourth-longes ...
and Roger Taney
Roger Brooke Taney (; March 17, 1777 – October 12, 1864) was the fifth chief justice of the United States, holding that office from 1836 until his death in 1864. Although an opponent of slavery, believing it to be an evil practice, Taney belie ...
as one of the three most important chief justices in the nation's history." In December 2006, ''The Atlantic
''The Atlantic'' is an American magazine and multi-platform publisher. It features articles in the fields of politics, foreign affairs, business and the economy, culture and the arts, technology, and science.
It was founded in 1857 in Boston, ...
'' cited Earl Warren as the 29th most influential person in the history of the United States and the second most influential Chief Justice, after John Marshall. In September 2018, ''The Economist
''The Economist'' is a British weekly newspaper printed in demitab format and published digitally. It focuses on current affairs, international business, politics, technology, and culture. Based in London, the newspaper is owned by The Econo ...
'' named Warren as "the 20th century's most consequential American jurist" and one of "the 20th century's greatest liberal jurists".
President Harry S. Truman
Harry S. Truman (May 8, 1884December 26, 1972) was the 33rd president of the United States, serving from 1945 to 1953. A leader of the Democratic Party, he previously served as the 34th vice president from January to April 1945 under Franklin ...
wrote in his tribute to Warren, which appeared in the ''California Law Review
''California Law Review'' (also referred to as ''CLR'') is the journal of the University of California, Berkeley, School of Law. It was established in 1912. The application process consists of an anonymous write-on competition, with grades playing ...
'' in 1970, " e Warren record as Chief Justice has stamped him in the annals of history as the man who read and interpreted the Constitution
A constitution is the aggregate of fundamental principles or established precedents that constitute the legal basis of a polity, organisation or other type of Legal entity, entity and commonly determine how that entity is to be governed.
When ...
in relation to its ultimate intent. He sensed the call of the times-and he rose to the call." Supreme Court Associate Justice William O. Douglas
William Orville Douglas (October 16, 1898January 19, 1980) was an American jurist who served as an associate justice of the Supreme Court of the United States, who was known for his strong progressive and civil libertarian views, and is often c ...
wrote, in the same article, "in my view arrenwill rank with Marshall
Marshall may refer to:
Places
Australia
* Marshall, Victoria, a suburb of Geelong, Victoria
Canada
* Marshall, Saskatchewan
* The Marshall, a mountain in British Columbia
Liberia
* Marshall, Liberia
Marshall Islands
* Marshall Islands, an i ...
and Hughes
Hughes may refer to:
People
* Hughes (surname)
* Hughes (given name)
Places Antarctica
* Hughes Range (Antarctica), Ross Dependency
* Mount Hughes, Oates Land
* Hughes Basin, Oates Land
* Hughes Bay, Graham Land
* Hughes Bluff, Victoria La ...
in the broad sweep of United States history". According to biographer Ed Cray, Warren was "second in greatness only to John Marshall
John Marshall (September 24, 1755July 6, 1835) was an American politician and lawyer who served as the fourth Chief Justice of the United States from 1801 until his death in 1835. He remains the longest-serving chief justice and fourth-longes ...
himself in the eyes of most impartial students of the Court as well as the Court's critics." Pulitzer Prize
The Pulitzer Prize () is an award for achievements in newspaper, magazine, online journalism, literature, and musical composition within the United States. It was established in 1917 by provisions in the will of Joseph Pulitzer, who had made h ...
winner Anthony Lewis
Anthony Lewis (March 27, 1927 – March 25, 2013) was an American public intellectual and journalist. He was twice winner of the Pulitzer Prize, and was a columnist for ''The New York Times''. He is credited with creating the field of legal jour ...
described Warren as "the closest thing the United States has had to a Platonic Guardian". In 1958, Martin Luther King Jr.
Martin Luther King Jr. (born Michael King Jr.; January 15, 1929 – April 4, 1968) was an American Baptist minister and activist, one of the most prominent leaders in the civil rights movement from 1955 until his assassination in 1968 ...
sent one copy of his newly published book, ''Stride Toward Freedom
''Stride Toward Freedom: The Montgomery Story'' (published 1958) is Martin Luther King Jr.'s historic account of the 1955–1956 Montgomery bus boycott. The book describes the conditions of African Americans living in Alabama during the era, and ...
'', to Chief Justice Earl Warren, writing on the first free end page: "To: Justice Earl Warren. In appreciation for your genuine good-will, your great humanitarian concern, and your unswerving devotion to the sublime principles of our American democracy. With warm Regards, Martin L. King Jr." The book remained with Warren's family until 2015, when it was auctioned online for US$
The United States dollar (symbol: $; code: USD; also abbreviated US$ or U.S. Dollar, to distinguish it from other dollar-denominated currencies; referred to as the dollar, U.S. dollar, American dollar, or colloquially buck) is the official ...
49,335 (including the buyer's premium
In auctions, the buyer's premium is a charge in addition to the hammer price (i.e. the winning bid announced) of an auction item, or lot. The winning bidder is required to pay both the hammer price and the percentage of that price called for by the ...
).
Warren's critics found him a boring person. Dennis J. Hutchinson Dennis J. Hutchinson (born 1946) is an American legal scholar. After beginning his teaching career at the Georgetown University Law Center, Hutchinson joined the University of Chicago Law School in 1981. Currently, he is the William Rainey Harper Pr ...
wrote: "Although Warren was an important and courageous figure and although he inspired passionate devotion among his followers...he was a dull man and a dull judge." Conservatives
Conservatism is a cultural, social, and political philosophy that seeks to promote and to preserve traditional institutions, practices, and values. The central tenets of conservatism may vary in relation to the culture and civilization in ...
attacked the Warren Court's rulings as inappropriate and have called for courts to be deferential to the elected political branches. In his 1977 book ''Government by Judiciary
''Government by Judiciary'' is a 1977 book by constitutional scholar and law professor Raoul Berger which argues that the U.S. Supreme Court (especially, but not only, the Warren Court) has interpreted the Fourteenth Amendment of the U.S. Co ...
'', originalist
In the context of United States law, originalism is a theory of constitutional interpretation that asserts that all statements in the Constitution must be interpreted based on the original understanding "at the time it was adopted". This conce ...
and legal scholar Raoul Berger
Raoul Berger (January 4, 1901 – September 23, 2000)Philip_Kurland.html" ;"title="ith Philip Kurland">ith Philip Kurland
* ''The Fourteenth Amendment and the Bill of Rights'' (1989)
See also
*Living Constitution
Notes
{{DEFAULTSORT:Berger ...
accuses the Warren Court of overstepping its authority by interpreting the 14th Amendment in a way contrary to the original intent of its draftsmen and framers in order to achieve results that it found desirable as a matter of public policy
Public policy is an institutionalized proposal or a decided set of elements like laws, regulations, guidelines, and actions to solve or address relevant and real-world problems, guided by a conception and often implemented by programs. Public p ...
.
Overall, law professor Justin Driver divides interpretations of the Warren Court into three main groups: conservatives such as Robert Bork
Robert Heron Bork (March 1, 1927 – December 19, 2012) was an American jurist who served as the solicitor general of the United States from 1973 to 1977. A professor at Yale Law School by occupation, he later served as a judge on the U.S. Court ...
who attack the Court as "a legislator of policy...that was not theirs to make", liberals such as Morton Horwitz who strongly approve of the Court, and liberals such as Cass Sunstein
Cass Robert Sunstein (born September 21, 1954) is an American legal scholar known for his studies of constitutional law, administrative law, environmental law, law and behavioral economics. He is also ''The New York Times'' best-selling author of ...
who largely approve of the Court's overall legacy but believe that it went too far in making policy in some cases. Driver offers a fourth view, arguing that the Warren Court took overly conservative stances in such cases as ''Powell v. Texas
''Powell v. Texas'', 392 U.S. 514 (1968), was a United States Supreme Court case that ruled that a Texas statute criminalizing public intoxication did not violate the Eighth Amendment protection against cruel and unusual punishment. The 5–4 ...
'' and '' Hoyt v. Florida''. As for the legacy of the Warren Court, Chief Justice Burger, who succeeded Earl Warren in 1969, proved to be quite ineffective at consolidating conservative control over the Court, so the Warren Court legacy continued in many respects until about 1986, when William Rehnquist
William Hubbs Rehnquist ( ; October 1, 1924 – September 3, 2005) was an American attorney and jurist who served on the U.S. Supreme Court for 33 years, first as an associate justice from 1972 to 1986 and then as the 16th chief justice from ...
became chief justice and took firmer control of the agenda. Even the more conservative Rehnquist Court
The Rehnquist Court was the period in the history of the Supreme Court of the United States during which William Rehnquist served as Chief Justice. Rehnquist succeeded Warren Burger as Chief Justice after the latter's retirement, and Rehnquist ...
refrained from expressly overturning major Warren Court cases such as ''Miranda'', ''Gideon'', ''Brown v. Board of Education'', and ''Reynolds v. Sims''. On occasion, the Rehnquist Court expanded Warren Court precedents, such as in ''Bush v. Gore
''Bush v. Gore'', 531 U.S. 98 (2000), was a landmark decision of the United States Supreme Court on December 12, 2000, that settled a recount dispute in Florida's 2000 presidential election between George W. Bush and Al Gore. On December 8, th ...
'', where the Rehnquist Court applied the principles of 1960s voting rights cases to invalidate Florida's recount in the 2000 U.S. presidential election
The 2000 United States presidential election was the 54th quadrennial presidential election, held on Tuesday, November 7, 2000. Republican candidate George W. Bush, the governor of Texas and eldest son of the 41st president, George H. W. Bush ...
.
Memorials and honors
Earl Warren was awarded the Presidential Medal of Freedom
The Presidential Medal of Freedom is the highest civilian award of the United States, along with the Congressional Gold Medal. It is an award bestowed by the president of the United States to recognize people who have made "an especially merito ...
posthumously in 1981. He was also honored by the United States Postal Service
The United States Postal Service (USPS), also known as the Post Office, U.S. Mail, or Postal Service, is an independent agency of the executive branch of the United States federal government responsible for providing postal service in the U ...
with a 29¢ Great Americans series
The Great Americans series is a set of definitive stamps issued by the United States Postal Service, starting on December 27, 1980, with the 19¢ stamp depicting Sequoyah, and continuing through 1999, the final stamp being the 55¢ Justin S. Mo ...
postage stamp. In December 2007, Warren was inducted into the California Hall of Fame
The California Hall of Fame honors individuals and families who embody California's innovative spirit and have made their mark on history. The hall and its exhibits are housed in The California Museum in Sacramento.
The hall of fame was conceived ...
. An extensive collection of Warren's papers, including case files from his Supreme Court service, is located at the Manuscript Division of the Library of Congress
The Library of Congress (LOC) is the research library that officially serves the United States Congress and is the ''de facto'' national library of the United States. It is the oldest federal cultural institution in the country. The library is ...
in Washington, D.C. Most of the collection is open for research.
On the campus of the University of California, Berkeley
The University of California, Berkeley (UC Berkeley, Berkeley, Cal, or California) is a public land-grant research university in Berkeley, California. Established in 1868 as the University of California, it is the state's first land-grant u ...
, Warren's alma mater, "Earl Warren Hall" is named after him. In addition, the UC Berkeley School of Law
The University of California, Berkeley, School of Law (commonly known as Berkeley Law or UC Berkeley School of Law) is the law school of the University of California, Berkeley, a public research university in Berkeley, California. It is one of 1 ...
has established "The Chief Justice Earl Warren Institute on Race, Ethnicity and Diversity", or "Warren Institute" for short, in memory of Earl Warren, while the "Warren Room" inside the Law Building was also named in his honor.
A number of governmental and educational institutions have been named for Warren:
* The Earl Warren Building, the headquarters of the Supreme Court of California
The Supreme Court of California is the highest and final court of appeals in the courts of the U.S. state of California. It is headquartered in San Francisco at the Earl Warren Building, but it regularly holds sessions in Los Angeles and Sacra ...
in San Francisco
San Francisco (; Spanish language, Spanish for "Francis of Assisi, Saint Francis"), officially the City and County of San Francisco, is the commercial, financial, and cultural center of Northern California. The city proper is the List of Ca ...
* The Earl Warren chapter of the American Inns of Court
American Inns of Court (AIC) are designed to improve the skills, professionalism and ethics of the bench and bar. An American Inn of Court is an amalgam of judges, lawyers, and in some cases, law professors and law students. Each Inn meets approx ...
, Alameda County, California
Alameda County ( ) is a county located in the U.S. state of California. As of the 2020 census, the population was 1,682,353, making it the 7th-most populous county in the state and 21st most populous nationally. The county seat is Oakland. Al ...
* The Warren Freeway, the portion of California State Route 13 in Alameda County
* In 1977, Fourth College, one of the seven undergraduate
Undergraduate education is education conducted after secondary education and before postgraduate education. It typically includes all postsecondary programs up to the level of a bachelor's degree. For example, in the United States, an entry-lev ...
colleges at the University of California, San Diego
The University of California, San Diego (UC San Diego or colloquially, UCSD) is a public university, public Land-grant university, land-grant research university in San Diego, California. Established in 1960 near the pre-existing Scripps Insti ...
, was renamed Earl Warren College
Earl Warren College is one of seven undergraduate colleges at the University of California, San Diego. Warren College has one of the largest student populations at UCSD, with over 4,000 undergraduate students, comprising about one fifth of the stu ...
in his honor, and the Earl Warren Bill of Rights Project
Peter H. Irons (born August 11, 1940) is an American political activist, civil rights attorney, legal scholar, and professor emeritus of political science. He has written many books on the U.S. Supreme Court and constitutional litigation.
Educa ...
at UCSD is also named in his honor.
* Warren High School, Downey, California
Downey is a city located in Southeast Los Angeles County, California, United States, southeast of downtown Los Angeles. It is considered part of the Gateway Cities. The city is the birthplace of the Apollo space program. It is also the home of ...
* Earl Warren High School
Earl Warren High School is a public school located in San Antonio, Texas, United States. It is a part of the Northside Independent School District. As with all Northside ISD high schools, it is named for a former United States Supreme Court justi ...
, San Antonio, Texas
("Cradle of Freedom")
, image_map =
, mapsize = 220px
, map_caption = Interactive map of San Antonio
, subdivision_type = Country
, subdivision_name = United States
, subdivision_type1= State
, subdivision_name1 = Texas
, subdivision_t ...
* Warren Hall, Bakersfield High School
Bakersfield High School (BHS) is a public four-year high school located in Bakersfield, California, United States. Opened in 1893, Bakersfield High School serves grades ninth through twelfth within the Kern High School District.
Notable alumni
* ...
(the high school Warren attended)
* Warren Junior High School, Bakersfield, California
Bakersfield is a city in Kern County, California, United States. It is the county seat and largest city of Kern County. The city covers about near the southern end of the San Joaquin Valley and the Central Valley region. Bakersfield's populat ...
(Warren's hometown)
* Earl Warren Middle School, Solana Beach, California
Solana Beach (''Solana'', Spanish for "warm wind") is a coastal city in San Diego County, California. Its population was at 12,941 at the 2020 U.S. Census, up from 12,867 at the 2010 Census.
History
The area was first settled by the San Dieg ...
* Warren Elementary School, Garden Grove, California
Garden Grove is a city in northern Orange County, California, United States, located just southwest of Disneyland (located in Anaheim, CA). The population was 171,949 at the 2020 census. State Route 22, also known as the Garden Grove Freeway, ...
* Earl Warren Elementary School, Lake Elsinore, California
Lake Elsinore is a city in western Riverside County, California, United States. Established as a city in 1888, it is on the shore of Lake Elsinore, a natural freshwater lake about in size. The city has grown from a small resort town in the l ...
* The Earl Warren Showgrounds in Santa Barbara, California
Santa Barbara ( es, Santa Bárbara, meaning "Saint Barbara") is a coastal city in Santa Barbara County, California, of which it is also the county seat. Situated on a south-facing section of coastline, the longest such section on the West Coas ...
Electoral history
California Republican presidential primary, 1936:
* Earl Warren – 350,917 (57.43%)
* Alf Landon
Alfred Mossman Landon (September 9, 1887October 12, 1987) was an American oilman and politician who served as the 26th governor of Kansas from 1933 to 1937. A member of the Republican Party, he was the party's nominee in the 1936 presidential ...
– 260,170 (42.58%)
1936 Republican presidential primaries:
* William Edgar Borah
William Edgar Borah (June 29, 1865 – January 19, 1940) was an outspoken Republican United States Senator, one of the best-known figures in Idaho's history. A progressive who served from 1907 until his death in 1940, Borah is often con ...
– 1,478,676 (44.48%)
* Alf Landon
Alfred Mossman Landon (September 9, 1887October 12, 1987) was an American oilman and politician who served as the 26th governor of Kansas from 1933 to 1937. A member of the Republican Party, he was the party's nominee in the 1936 presidential ...
– 729,908 (21.96%)
* Frank Knox
William Franklin Knox (January 1, 1874 – April 28, 1944) was an American politician, newspaper editor and publisher. He was also the Republican vice presidential candidate in 1936, and Secretary of the Navy under Franklin D. Roosevelt during ...
– 527,054 (15.85%)
* Earl Warren – 350,917 (10.56%)
* Stephen A. Day – 155,732 (4.69%)
* Warren Green
Warren Everett Green (March 10, 1869 – April 27, 1945) was an American politician who served as the 13th governor of South Dakota. Green, a Republican from Hazel, South Dakota, served from 1931 to 1933. He was also a state senator from 191 ...
– 44,518 (1.34%)
Republican primary for Governor of California
The governor of California is the head of government of the U.S. state of California. The governor is the commander-in-chief of the California National Guard and the California State Guard.
Established in the Constitution of California, the g ...
, 1942:
* Earl Warren – 635,230 (94.23%)
* Nathan T. Porter – 15,604 (2.32%)
* William E. Riker – 10,004 (1.48%)
* Fred Dyster
Fred may refer to:
People
* Fred (name), including a list of people and characters with the name
Mononym
* Fred (cartoonist) (1931–2013), pen name of Fred Othon Aristidès, French
* Fred (footballer, born 1949) (1949–2022), Frederico R ...
– 9,824 (1.46%)
* Culbert Olson
Culbert Levy Olson (November 7, 1876 – April 13, 1962) was an American lawyer and politician. A Democratic Party member, Olson was involved in Utah and California politics and was elected as the 29th governor of California from 1939 to 1943. ...
(inc.) (write-in
A write-in candidate is a candidate whose name does not appear on the ballot but seeks election by asking voters to cast a vote for the candidate by physically writing in the person's name on the ballot. Depending on electoral law it may be poss ...
) – 3,504 (0.52%)
Democratic primary for Governor of California, 1942:
* Culbert Olson
Culbert Levy Olson (November 7, 1876 – April 13, 1962) was an American lawyer and politician. A Democratic Party member, Olson was involved in Utah and California politics and was elected as the 29th governor of California from 1939 to 1943. ...
(inc.) – 513,244 (51.98%)
* Earl Warren – 404,778 (41.00%)
* Roy G. Owens – 50,780 (5.14%)
* Nathan T. Porter – 11,302 (1.15%)
* Alonzo J. Riggs – 7,231 (0.73%)
California gubernatorial election, 1942:
* Earl Warren (R) – 1,275,237 (57.07%)
* Culbert Olson
Culbert Levy Olson (November 7, 1876 – April 13, 1962) was an American lawyer and politician. A Democratic Party member, Olson was involved in Utah and California politics and was elected as the 29th governor of California from 1939 to 1943. ...
(D) (inc.) – 932,995 (41.75%)
California Republican presidential primary, 1944
* Earl Warren – 594,439 (100.00%)
1944 Republican presidential primaries:
* Douglas MacArthur
Douglas MacArthur (26 January 18805 April 1964) was an American military leader who served as General of the Army for the United States, as well as a field marshal to the Philippine Army. He had served with distinction in World War I, was C ...
– 662,127 (28.94%)
* Earl Warren – 594,439 (25.99%)
* John W. Bricker – 366,444 (16.02%)
* Thomas E. Dewey
Thomas Edmund Dewey (March 24, 1902 – March 16, 1971) was an American lawyer, prosecutor, and politician who served as the 47th governor of New York from 1943 to 1954. He was the Republican candidate for president in 1944 and 1948: although ...
– 278,727 (12.18%)
* W. Chapman Revercomb – 91,602 (4.00%)
* Unpledged – 87,834 (3.84%)
* Harold Stassen
Harold Edward Stassen (April 13, 1907 – March 4, 2001) was an American politician who was the 25th Governor of Minnesota. He was a leading candidate for the Republican nomination for President of the United States in 1948, considered for a ti ...
– 67,508 (2.95%)
* Riley A. Bender – 37,575 (1.64%)
* Charles A. Christopherson
Charles Andrew Christopherson (July 23, 1871 – November 2, 1951) was an American lawyer and politician in South Dakota. He was elected to the state legislature in 1912. In 1918 he was elected to the United States House of Representatives, whe ...
– 33,497 (1.46%)
* Wendell Willkie
Wendell Lewis Willkie (born Lewis Wendell Willkie; February 18, 1892 – October 8, 1944) was an American lawyer, corporate executive and the 1940 Republican nominee for President. Willkie appealed to many convention delegates as the Republican ...
– 27,097 (1.19%)
Republican primary for Governor of California, 1946:
* Earl Warren (inc.) – 774,302 (91.10%)
* Robert W. Kenny
Robert Walker Kenny (August 21, 1901 – July 20, 1976), 21st Attorney General of California (1943-1947), was "a colorful figure in state politics for many years" who in 1946 ran unsuccessfully against Earl Warren for state governor (a race ...
– 70,331 (8.27%)
Democratic primary for Governor of California, 1946:
* Earl Warren (inc.) – 593,180 (51.93%)
* Robert W. Kenny
Robert Walker Kenny (August 21, 1901 – July 20, 1976), 21st Attorney General of California (1943-1947), was "a colorful figure in state politics for many years" who in 1946 ran unsuccessfully against Earl Warren for state governor (a race ...
– 530,968 (46.49%)
California gubernatorial election, 1946:
* Earl Warren (R, D) (inc.) – 2,344,542 (91.64%)
* Henry R. Schmidt (Prohibition) – 180,579 (7.06%)
* Archie Brown (Communist) – 22,606 (0.88%)
* James Roosevelt
James Roosevelt II (December 23, 1907 – August 13, 1991) was an American businessman, Marine, activist, and Democratic Party politician. The eldest son of President Franklin D. Roosevelt and Eleanor Roosevelt, he served as an official Secret ...
(D) (write-in
A write-in candidate is a candidate whose name does not appear on the ballot but seeks election by asking voters to cast a vote for the candidate by physically writing in the person's name on the ballot. Depending on electoral law it may be poss ...
) – 3,210 (0.13%)
1948 Republican presidential primaries:
* Earl Warren – 771,295 (26.99%)
* Harold Stassen
Harold Edward Stassen (April 13, 1907 – March 4, 2001) was an American politician who was the 25th Governor of Minnesota. He was a leading candidate for the Republican nomination for President of the United States in 1948, considered for a ti ...
– 627,321 (21.96%)
* Robert A. Taft
Robert Alphonso Taft Sr. (September 8, 1889 – July 31, 1953) was an American politician, lawyer, and scion of the Republican Party's Taft family. Taft represented Ohio in the United States Senate, briefly served as Senate Majority Leade ...
– 464,741 (16.27%)
* Thomas E. Dewey
Thomas Edmund Dewey (March 24, 1902 – March 16, 1971) was an American lawyer, prosecutor, and politician who served as the 47th governor of New York from 1943 to 1954. He was the Republican candidate for president in 1944 and 1948: although ...
– 330,799 (11.58%)
* Riley A. Bender – 324,029 (11.34%)
* Douglas MacArthur
Douglas MacArthur (26 January 18805 April 1964) was an American military leader who served as General of the Army for the United States, as well as a field marshal to the Philippine Army. He had served with distinction in World War I, was C ...
– 87,839 (3.07%)
* Leverett Saltonstall
Leverett A. Saltonstall (September 1, 1892June 17, 1979) was an American lawyer and politician from Massachusetts. He served three two-year terms as the List of Governors of Massachusetts, 55th Governor of Massachusetts, and for more than twent ...
– 72,191 (2.53%)
* Herbert E. Hitchcock
Herbert Emery Hitchcock (August 22, 1867 - February 17, 1958) was a United States senator from South Dakota.
Life
Hitchcock was born in Maquoketa, Iowa, the son of Harriet M. Lumley and Milando Lansing Hitchcock. He attended public schools in I ...
– 45,463 (1.59%)
* Edward Martin – 45,072 (1.58%)
* Unpledged – 28,854 (1.01%)
* Arthur H. Vandenberg
Arthur Hendrick Vandenberg Sr. (March 22, 1884April 18, 1951) was an American politician who served as a United States senator from Michigan from 1928 to 1951. A member of the Republican Party, he participated in the creation of the United Nati ...
– 18,924 (0.66%)
* Dwight D. Eisenhower
Dwight David "Ike" Eisenhower (born David Dwight Eisenhower; ; October 14, 1890 – March 28, 1969) was an American military officer and statesman who served as the 34th president of the United States from 1953 to 1961. During World War II, ...
– 5,014 (0.18%)
* Harry S. Truman
Harry S. Truman (May 8, 1884December 26, 1972) was the 33rd president of the United States, serving from 1945 to 1953. A leader of the Democratic Party, he previously served as the 34th vice president from January to April 1945 under Franklin ...
– 4,907 (0.17%)
* Henry A. Wallace
Henry Agard Wallace (October 7, 1888 – November 18, 1965) was an American politician, journalist, farmer, and businessman who served as the 33rd vice president of the United States, the 11th U.S. Secretary of Agriculture, and the 10th U.S. S ...
– 1,452 (0.05%)
* Joseph William Martin Jr.
Joseph William Martin Jr. (November 3, 1884 – March 6, 1968) was an American Republican politician who served as the 44th speaker of the United States House of Representatives from 1947 to 1949 and 1953 to 1955. He represented a House district ...
– 974 (0.03%)
* Alfred E. Driscoll
Alfred Eastlack Driscoll (October 25, 1902 – March 9, 1975) was an American Republican Party politician, who served in the New Jersey Senate (1939–1941) representing Camden County, who served as the 43rd governor of New Jersey, and as ...
– 44 (0.00%)
* Others – 5,939 (0.21%)
1948 Republican National Convention
The 1948 Republican National Convention was held at the Municipal Auditorium, in Philadelphia, Pennsylvania, from June 21 to 25, 1948.
New York Governor Thomas E. Dewey had paved the way to win the Republican presidential nomination in the pr ...
(Presidential tally)
* Thomas E. Dewey
Thomas Edmund Dewey (March 24, 1902 – March 16, 1971) was an American lawyer, prosecutor, and politician who served as the 47th governor of New York from 1943 to 1954. He was the Republican candidate for president in 1944 and 1948: although ...
– 1,094 (60.74%)
* Robert A. Taft
Robert Alphonso Taft Sr. (September 8, 1889 – July 31, 1953) was an American politician, lawyer, and scion of the Republican Party's Taft family. Taft represented Ohio in the United States Senate, briefly served as Senate Majority Leade ...
– 274 (15.21%)
* Harold Stassen
Harold Edward Stassen (April 13, 1907 – March 4, 2001) was an American politician who was the 25th Governor of Minnesota. He was a leading candidate for the Republican nomination for President of the United States in 1948, considered for a ti ...
– 157 (8.72%)
* Arthur H. Vandenberg
Arthur Hendrick Vandenberg Sr. (March 22, 1884April 18, 1951) was an American politician who served as a United States senator from Michigan from 1928 to 1951. A member of the Republican Party, he participated in the creation of the United Nati ...
– 62 (3.44%)
* Earl Warren – 59 (3.28%)
* Dwight H. Green
Dwight Herbert Green (January 9, 1897 – February 20, 1958) was an American politician who served as the 30th Governor of the US state of Illinois, serving from 1941 to 1949.
From childhood to early adulthood
Green was born in Ligonier, No ...
– 56 (3.11%)
* Alfred E. Driscoll
Alfred Eastlack Driscoll (October 25, 1902 – March 9, 1975) was an American Republican Party politician, who served in the New Jersey Senate (1939–1941) representing Camden County, who served as the 43rd governor of New Jersey, and as ...
– 35 (1.94%)
* Raymond E. Baldwin
Raymond Earl Baldwin (August 31, 1893 – October 4, 1986) was an American politician who served as a United States senator from Connecticut and also as the 72nd and 74th Governor of Connecticut. A conservative Republican, he was elected governo ...
– 19 (1.06%)
* Joseph William Martin Jr.
Joseph William Martin Jr. (November 3, 1884 – March 6, 1968) was an American Republican politician who served as the 44th speaker of the United States House of Representatives from 1947 to 1949 and 1953 to 1955. He represented a House district ...
– 18 (1.00%)
* B. Carroll Reece
Brazilla Carroll Reece (December 22, 1889 – March 19, 1961) was an American Republican Party politician from Tennessee. He represented eastern Tennessee in the United States House of Representatives for all but six years from 1921 to 1961 ...
– 15 (0.83%)
* Douglas MacArthur
Douglas MacArthur (26 January 18805 April 1964) was an American military leader who served as General of the Army for the United States, as well as a field marshal to the Philippine Army. He had served with distinction in World War I, was C ...
– 11 (0.61%)
* Everett Dirksen
Everett McKinley Dirksen (January 4, 1896 – September 7, 1969) was an American politician. A Republican, he represented Illinois in the United States House of Representatives and the United States Senate. As Senate Minority Leader from 1959 unt ...
– 1 (0.06%)
1948 Republican National Convention
The 1948 Republican National Convention was held at the Municipal Auditorium, in Philadelphia, Pennsylvania, from June 21 to 25, 1948.
New York Governor Thomas E. Dewey had paved the way to win the Republican presidential nomination in the pr ...
(Vice Presidential tally):
* Earl Warren – 1,094 (100.00%)
1948 United States presidential election
The 1948 United States presidential election was the 41st quadrennial presidential election. It was held on Tuesday, November 2, 1948. In one of the greatest election upsets in American history, incumbent President Harry S. Truman, the Democra ...
* Harry S. Truman
Harry S. Truman (May 8, 1884December 26, 1972) was the 33rd president of the United States, serving from 1945 to 1953. A leader of the Democratic Party, he previously served as the 34th vice president from January to April 1945 under Franklin ...
/Alben W. Barkley
Alben William Barkley (; November 24, 1877 – April 30, 1956) was an American lawyer and politician from Kentucky who served in both houses of Congress and as the 35th vice president of the United States from 1949 to 1953 under Presiden ...
(D) – 24,179,347 (49.6%) and 303 electoral votes (28 states carried)
* Thomas E. Dewey
Thomas Edmund Dewey (March 24, 1902 – March 16, 1971) was an American lawyer, prosecutor, and politician who served as the 47th governor of New York from 1943 to 1954. He was the Republican candidate for president in 1944 and 1948: although ...
/Earl Warren (R) – 21,991,292 (45.1%) and 189 electoral votes (16 states carried)
* Strom Thurmond
James Strom Thurmond Sr. (December 5, 1902June 26, 2003) was an American politician who represented South Carolina in the United States Senate from 1954 to 2003. Prior to his 48 years as a senator, he served as the 103rd governor of South Caro ...
/ Fielding L. Wright (Dixiecrat
The States' Rights Democratic Party (whose members are often called the Dixiecrats) was a short-lived segregationist political party in the United States, active primarily in the South. It arose due to a Southern regional split in opposition t ...
) – 1,175,930 (2.4%) and 39 electoral votes (4 states carried)
* Henry A. Wallace
Henry Agard Wallace (October 7, 1888 – November 18, 1965) was an American politician, journalist, farmer, and businessman who served as the 33rd vice president of the United States, the 11th U.S. Secretary of Agriculture, and the 10th U.S. S ...
/Glen H. Taylor
Glen Hearst Taylor (April 12, 1904 – April 28, 1984) was an American politician, entertainer, businessman, and U.S. senator from Idaho.
He was the vice presidential candidate on the Progressive Party ticket in the 1948 election. Taylor was ...
(Progressive) – 1,157,328 (2.4%)
California gubernatorial election, 1950:
* Earl Warren (R) (inc.) – 2,461,754 (64.85%)
* James Roosevelt
James Roosevelt II (December 23, 1907 – August 13, 1991) was an American businessman, Marine, activist, and Democratic Party politician. The eldest son of President Franklin D. Roosevelt and Eleanor Roosevelt, he served as an official Secret ...
(D) – 1,333,856 (35.14%)
1952 Republican presidential primaries:Our Campaigns – US President – R Primaries Race – Feb 01, 1952
/ref>
* Robert A. Taft
Robert Alphonso Taft Sr. (September 8, 1889 – July 31, 1953) was an American politician, lawyer, and scion of the Republican Party's Taft family. Taft represented Ohio in the United States Senate, briefly served as Senate Majority Leade ...
– 2,794,736 (35.84%)
* Dwight D. Eisenhower
Dwight David "Ike" Eisenhower (born David Dwight Eisenhower; ; October 14, 1890 – March 28, 1969) was an American military officer and statesman who served as the 34th president of the United States from 1953 to 1961. During World War II, ...
– 2,050,708 (26.30%)
* Earl Warren – 1,349,036 (17.30%)
* Harold Stassen
Harold Edward Stassen (April 13, 1907 – March 4, 2001) was an American politician who was the 25th Governor of Minnesota. He was a leading candidate for the Republican nomination for President of the United States in 1948, considered for a ti ...
– 881,702 (11.31%)
* Thomas H. Werdel
Thomas Harold Werdel (September 13, 1905 – September 30, 1966) was an American politician and lawyer who served as an assembly member and Representative from California as a member of the Republican Party.
Werdel was staunchly conservative ...
– 521,110 (6.68%)
* George T. Mickelson
George Theodore Mickelson (July 23, 1903 – February 28, 1965) was an American lawyer, 16th Attorney General of South Dakota and 18th Governor of South Dakota, and a United States district judge of the United States District Court for the Distri ...
– 63,879 (0.82%)
* Douglas MacArthur
Douglas MacArthur (26 January 18805 April 1964) was an American military leader who served as General of the Army for the United States, as well as a field marshal to the Philippine Army. He had served with distinction in World War I, was C ...
– 44,209 (0.57%)
* Grant A. Ritter – 26,208 (0.34%)
* Edward C. Slettedahl – 22,712 (0.29%)
* Riley A. Bender – 22,321 (0.29%)
* Mary E. Kenny – 10,411 (0.13%)
* Wayne Morse
Wayne Lyman Morse (October 20, 1900 – July 22, 1974) was an American attorney and United States Senator from Oregon. Morse is well known for opposing his party's leadership and for his opposition to the Vietnam War on constitutional grounds.
...
– 7,105 (0.09%)
* Perry J. Stearns – 2,925 (0.04%)
* William R. Schneider
William is a male given name of Germanic origin.Hanks, Hardcastle and Hodges, ''Oxford Dictionary of First Names'', Oxford University Press, 2nd edition, , p. 276. It became very popular in the English language after the Norman conquest of Eng ...
– 580 (0.01%)
1952 Republican National Convention
The 1952 Republican National Convention was held at the International Amphitheatre in Chicago, Illinois from July 7 to 11, 1952, and nominated the popular general and war hero Dwight D. Eisenhower of New York, nicknamed "Ike," for president and ...
(1st ballot)
* Dwight D. Eisenhower
Dwight David "Ike" Eisenhower (born David Dwight Eisenhower; ; October 14, 1890 – March 28, 1969) was an American military officer and statesman who served as the 34th president of the United States from 1953 to 1961. During World War II, ...
– 595
* Robert A. Taft
Robert Alphonso Taft Sr. (September 8, 1889 – July 31, 1953) was an American politician, lawyer, and scion of the Republican Party's Taft family. Taft represented Ohio in the United States Senate, briefly served as Senate Majority Leade ...
– 500
* Earl Warren – 81
* Harold Stassen
Harold Edward Stassen (April 13, 1907 – March 4, 2001) was an American politician who was the 25th Governor of Minnesota. He was a leading candidate for the Republican nomination for President of the United States in 1948, considered for a ti ...
– 20
* Douglas MacArthur
Douglas MacArthur (26 January 18805 April 1964) was an American military leader who served as General of the Army for the United States, as well as a field marshal to the Philippine Army. He had served with distinction in World War I, was C ...
– 10
1952 Republican National Convention
The 1952 Republican National Convention was held at the International Amphitheatre in Chicago, Illinois from July 7 to 11, 1952, and nominated the popular general and war hero Dwight D. Eisenhower of New York, nicknamed "Ike," for president and ...
(2nd ballot)
* Dwight D. Eisenhower
Dwight David "Ike" Eisenhower (born David Dwight Eisenhower; ; October 14, 1890 – March 28, 1969) was an American military officer and statesman who served as the 34th president of the United States from 1953 to 1961. During World War II, ...
– 845
* Robert A. Taft
Robert Alphonso Taft Sr. (September 8, 1889 – July 31, 1953) was an American politician, lawyer, and scion of the Republican Party's Taft family. Taft represented Ohio in the United States Senate, briefly served as Senate Majority Leade ...
– 280
* Earl Warren – 77
* Douglas MacArthur
Douglas MacArthur (26 January 18805 April 1964) was an American military leader who served as General of the Army for the United States, as well as a field marshal to the Philippine Army. He had served with distinction in World War I, was C ...
– 4
See also
* List of justices of the Supreme Court of the United States
The Supreme Court of the United States is the highest-ranking judicial body in the United States. Its membership, as set by the Judiciary Act of 1869, consists of the chief justice of the United States and eight Associate Justice of the Supreme ...
*
* List of United States Supreme Court justices by time in office
A total of 116 people have served on the Supreme Court of the United States, the highest judicial body in the United States, since it was established in 1789. Supreme Court justices have life tenure, and so they serve until they die, resign, retir ...
* United States Supreme Court cases during the Warren Court
Explanatory notes
Citations
General bibliography
Works cited
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*
*
*
*
*
*
*
*
*
*
* . .
Primary sources
* Goes only to 1954.
* Speeches and decisions, 1946–1958.
*
Further reading
*
*
*
*
*
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External links
*
*
*
*
Earl Warren's Eulogy for John F. Kennedy
* . A speech by Earl Warren from th
Commonwealth Club of California Records
at th
Hoover Institution Archives
*
*
author Melvin I. Urofsky
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