One of the best biographies I've read, and a great insight into what shaped one of the greatest Justices ever. He grew up in a working class family, and rose to become Chief Justice of the United States, overseeing the court in landmark decisions like Brown v. Board of Education (1954), Gideon v. Wainwright (1963), Reynolds v. Sims (1964), Miranda v. Arizona (1966), and Loving v. Virginia (1967).
So what made the man so famously progressive? Even after this in-depth look into his entire life, it’s hard to tell. When he was young, his family had to move when his father lost his job with the powerful Southern Pacific Railroad, which blacklisted him for joining a strike over labor disputes. But later as an attorney, he often prosecuted unionists. His family were immigrants, but as DA and governor, he promoted policies which targeted minorities. This book did a decent job of covering the messier parts of his life, but kind of glossed over it – after all, the title of the book is Justice for All and the focus of it, and Warren’s life, is really his time as Chief Justice, where his agenda seemed focused on social justice and freedom.
He always did well in school, and flew through college and law school at UC Berkeley with good marks, and went on to become the deputy city attorney in Oakland, CA, after a brief stint in the Army during WWI. He was then appointed DA to Alameda County (county of Oakland, San Francisco, Berkeley), where he earned a tough-on-crime reputation and never had a case overturned by a court of appeals. He served three terms in that position, developing a reputation as the best DA in the state, known for attacking corruptions in the government and lowering the crime rate, and was elected to the State DA position.
As California DA, he oversaw some pretty awful things that would shock most people who admire the liberal decisions the Warren Court published, and know little of his prior work. He was a member of an anti-Asian society, and supported land confiscations from Japanese citizens and was a major driving force behind the Japanese internment camps during WWII. He also supported eugenic sterilization for the “betterment of society,” which was the state-approved policy for forced sterilization on “undesirables” – criminals, drug addicts, poor people on Welfare, and people of color. Ironically – or maybe with the wisdom that comes with time and hindsight that inflicted great personal guilt – the Warren Court would later rule many of these tactics unconstitutional.
(As an aside, the California eugenics policy stood on the twin pillars of greed and racism. The “reasoning” behind it was dregs on society would only give birth to further dregs on society, draining monetary and land resources that could be put to better use. The California eugenics program was so “successful” that in the 30’s, the Nazis came seeking information and education with the goal of replicating the program in Germany, leading directly to the Holocaust death camps.)
His popularity as DA launched him into politics, and he became the only California governor to be elected to three consecutive terms. As Governor, he implemented public welfare programs which provided jobs for veterans returning form WWII, expanded the university system, and built up state infrastructure. He had a strong focus on improving the education system, and granted better access to public schools for Mexican children in the state. His success as Governor began to have influence on a national level, and he ran for VP of the US with Thomas Dewey, losing to incumbent President Truman.
After losing as VP, he was considered a favorite for a nomination as a Presidential candidate in the next race, until the Nixon machine gained traction. Despite Nixon’s promises to support Warren, he threw his support to Eisenhower and even ran with him. Warren maintained a grudge against Nixon for the rest of his life, famously calling him a “crook and a thief.” It is funny, then that it was Eisenhower who offered Warren the position as chief justice, which Nixon supported, most likely as a way to get him off the political stage, and that Warren was the one to swear in Nixon when he became President. It’s even funnier how the two men are forever memorialized in the annals of history. Warren, despite a past including extreme racism and involvement in the eugenics program that spread to Nazi Germany, is remembered as a champion of the people, fighting for social justice and fundamental rights. On the other hand, Nixon is remembered as “Tricky Dick,” the only President to resign the position, after his own paranoia led to the Watergate scandal and the promise of certain impeachment – despite a history of bridging partisan gaps, endorsing the Civil Rights Amendment, and bringing the POWs home from Vietnam.
Anyway, Warren. He became Chief Justice of the United States in a 1953 recess appointment, and it was made official by the Senate in 1954. During his tenure, the Supreme Court took the liberal view that the Constitution was a living document and the terms should be construed in consideration of the times in which the issue at hand had occurred. Unlike most of the prior Courts, which focused on land and property as the country was expanding, the Warren Court focused on personal liberties, expanding Constitutional rights, especially free speech under the 1st Amendment and equal rights and due process under the 14th Amendment. (My favorite amendments, btw.)
(Also, IMHO, the Warren Court took a very Hamiltonian approach to Constitutional Law. There is still a lot of legal in-fighting about whether the Constitution should be interpreted literally – the “strict constructionists” – or whether it is a dynamic, living document that should be interpreted liberally – the “loose constructionists.” The strict constructionists always seem to argue that the Constitution should be interpreted “as the Founding Fathers intended when they wrote it.” This is a meaningless argument, because the men who wrote the Constitution couldn’t even agree, and the strict vs. loose argument began with them. Hamilton often used a loose interpretation to expand government rights for the public good, and Madison, later known as the “Father of the Constitution,” literally expanded the document by adding the Bill of Rights. Both saw a strong federal government as a unifier of the states, and together penned the Federalist Papers. Jefferson, on the other hand, saw the Constitution as almost an extension of his Declaration of Independence, which would allow the states to exist free from foreign rule, but also not impose domestic rule over independent farmers, whom he saw as the centerpiece of the new nation, not Hamilton’s and Madison’s industrial economy. I feel, in a lot of ways, things really haven’t changed since then.)
Anyway, the Warren Court used a loose constructionist interpretation of the Constitution to extend equal rights, separate church and state, revamp criminal justice, and equalize voting rights. In the Brown case, which de-segregated public schools, the court overturned Plessy v. Ferguson. They held that Separate but Equal has no place in public education, because there, separate is inherently unequal. In the Loving case, the Court heard arguments regarding an interracial marriage. The Court overturned laws making it a criminal act to marry someone of another race. In the Reynolds case, the court declared, “one person, one vote,” reapportioning votes to the people rather than the former “balancing” between rural and urban areas. Warren wrote, "Legislators represent people, not trees or acres. Legislators are elected by voters, not farms or cities or economic interests.”
Several cases made lasting changes to the criminal justice system. In Gideon, the Court held that a criminal defendant’s right to counsel under the 6th amendment was a fundamental right under the 14th. In Mapp v. Ohio, the Court held that illegally seized evidence could not be used in court, and in Miranda, that an arresting officer was required to make known the rights available to a person under arrest, including the right to remain silent and a right to a lawyer. These “criminal rights” are all known today as basic rights, predicated on the value that a person is innocent until proven guilty, but at the time they were seen by opposing parties as radical decisions which severely limited the effectiveness of the police force.
The Warren Court also shaped the way the First Amendment was interpreted, making some decisions that are still controversial today, like Brandenburg v. Ohio. That case resulted in finding it Constitutional for the KKK to hold rallies in public spaces, and invalidated Ohio’s criminal syndicalism laws. This seems ridiculous at first, but really, the holding firmly protected the rights of assembly and speech. However, it also placed a new category of limitations on the first amendment – incitement to “imminent lawless action.” They protected children’s right to free speech and held that symbolism (wearing arm bands to protest the Vietnam War) could be considered speech in Tinker v. Des Moines, stating that students do not lose their constitutional rights when they walk into school, but then limited symbolism as acceptable free speech in US v. O’Brien when men burned their draft cards.
The Warren Court also established guidelines to the already existing limitations on free speech (“fighting words” and offensive speech, obscenity, libel, child pornography, commercial speech/false advertising, speech representing the government). They amended libel laws, finding in Garrison v. Louisiana (1964) that free speech concerning public affairs is essential to self-government, and in Times v. Sullivan, that a state must apply a balancing test between the state’s legitimate interest in enacting a law and the First Amendment’s right to free speech, where the balance was weighed in favor of free speech. This decision allows people to protest peacefully and publicly oppose their government (again, peacefully), and it allows the media to report on it, as long as the protesters aren’t committing other crimes (or inciting others to “imminent lawless action”), or the people and papers aren’t printing intentionally false and damaging accusations with malice.
Another big thing the Warren Court did was extend the Bill of Rights to the States. In Griswold v. Connecticut (1965), a case that granted the right to birth control for married couples and led the way for other landmark cases like Roe v. Wade (1973), Lawrence v. Texas (2003), and Obergefell v. Hodges (2015), did so much more. The holding of the Griswold case granted the basic right of privacy to citizens of the United States, because even though it wasn’t explicitly stated in the Bill of Rights, it was in the “penumbras” of other protected rights, and it was necessary to protect citizens from government intrusion.
Anyway, if anyone is still reading this, wow. I’m sure you wanted a review of the book and not an excerpt from my Con Law outline, but Warren led a fascinating life and was part of one of the most radical and effective supreme courts in history. Toward the end of his tenure, he even led the government commission to investigate the assassination of JFK. So, read the book, enjoy a well-written, well-told account of his life if you want to know more.