Burger served as chief justice of the Supreme Court from 1969 until 1986. And Elena Kagan had to recuse herself 'cause she was solicitor general when as - when the case was making its way up through the courts. So I would urge anybody who's curious to go on that website and just pick a favorite case during the time that Justice Powell was on the court in the 1970s up until 1987. When Warren E. Burger was appointed chief justice of the United States in 1969, President Richard M. Nixon expected him to lead the Supreme Court in a more conservative … In the middle was Justice Lewis Powell, one of the most important and influential members of the Burger Court. She also teaches at Yale Law School.Linda Greenhouse, welcome back to FRESH AIR. That decision was subjected to legislative efforts to restrict its applicability, including limits on federal funding. So that left the disparities in school financing and resources in place.GROSS: So in continuing with one of the themes of your book, which is that the Warren Court was a very liberal court, but its decisions were kind of open-ended and it was up to the Burger Court to kind of fill in how those blanks would be filled in in subsequent decisions. But when the question moves to the North to school systems that were functionally segregated because of housing patterns, inner cities ringed by white suburbs, that's where the Burger Court drew the line in a case from Detroit, Milliken against Bradley. So only - when Scalia was alive, only eight justices would have been sitting on the case. Burger was - I guess you would have called it then a constructionist. For years, the predictions turned out to be premature.
And by the end of the Burger Court, it was still on the books. Of course, he's got a vote, and everybody's vote is equal. And if you're just joining us, my guest is Linda Greenhouse, co-author of the new book "The Burger Court And The Rise Of The Judicial Right." The implementation of that decision had foundered in the following years. The Burger Court struck down this Alabama state law ruling that the law's intent was to endorse religion. I'm Terry Gross, and this is FRESH AIR.GROSS: This is FRESH AIR.
As the authors contend, “Warren Burger’s Court played a crucial role in establishing the conservative legal foundation for the even more conservative Courts that followed.” This was a medical - a state medical school in California. So let's look at an example of that, which is crime.Chief Justice Warren's biggest opponents criticized him among other things for the court's Miranda ruling that, you know, someone who is arrested has to be read their rights before they're questioned. You know, I think people figured, well, it's not exactly clear how far the court's going to go, but it's not going to accept the plan that it first cast very strong doubts about.I might point out that had Justice Scalia been alive to vote the other way, it would have been a 4-4 tie because, as you mention, Elena Kagan was recused. But the framework, the First Amendment framework, was established in the Burger Court along with this sort of empowered First Amendment that sustains commercial speech, advertising of various kinds that we're inundated with today.GROSS: Right 'cause advertising counted as free speech in a Burger Court decision.GREENHOUSE: Yes. There's - there was a right.But there was no obligation to enable people to claim their right - to effect the right.
And the case was assigned to Justice Potter Stewart.We haven't mentioned him yet, but he was a stalwart member of the Burger court. Burger served as chief justice of the Supreme Court from 1969 until 1986. What kind of remedy? And he writes an opinion that says, you know, the fact that women - some women - don't have the money to pay for abortions and thereby can't get an abortion is not the fault of the government.
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