Justice-as-Fairness as Judicial Guiding Principle: REMEMBERING JOHN RAWLS AND THE WARREN COURT
In: Brooklyn Law Review, Jg. 81 (2016), S. 673
Online
academicJournal
INTRODUCTION Seventeen individuals have served as Chief Justice of the U.S. Supreme Court since the Constitution's ratification in 1789. The decade-and-a-half period when Earl Warren served as the fourteenth Chief Justice (1953-1969) was marked by numerous landmark rulings in the areas of racial justice, criminal procedure, reproductive autonomy, First Amendment freedom of speech, association, and religion, voting rights, and more. These decisions led to positive, fundamental changes in the lives of millions of less advantaged Americans who had been historically disfavored because of their race, nationality, gender, socioeconomic class, or political views. The legacy of the Warren Court is one of an institution committed to "a dedication in the law to the timeless ideals of 'human dignity, individual rights, and fair play, and [a] recognition that the best of us have no more rights or freedoms than the worst of us.'" 2 For its efforts, the Warren Court is considered by some to be the greatest high court in the nation's history. 3 At the same time, many Warren Court decisions were hugely controversial, upsetting the settled expectations of those who benefited from long-entrenched governmental biases and practices. The ubiquitous "Impeach Earl Warren" billboards seen throughout the countryside during the late 1950s and the 1960s reflected the underlying efforts of laissez-faire conservatives to overturn aspects of the New Deal, which began a quarter century earlier. 4 The intensity of the political opposition to the Court's newfound commitment to fairness and equality was matched only by the infamous ...
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Justice-as-Fairness as Judicial Guiding Principle: REMEMBERING JOHN RAWLS AND THE WARREN COURT
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Autor/in / Beteiligte Person: | Lawrence, Michael Anthony |
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Zeitschrift: | Brooklyn Law Review, Jg. 81 (2016), S. 673 |
Veröffentlichung: | 2016 |
Medientyp: | academicJournal |
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