When Warren Burger was made Chief Justice in 1969, there were those who saw the potential for a revolution against the activism of the Earl Warren Court. Seventeen years and five more Republican appointments later, the Burger Court has not undone the Warren legacies so much as consolidated them, affirming the earlier rulings even as it modified and diluted them. It was a court that could move boldly when it needed to. It upheld the right of the press to publish the Pentagon papers. It ruled unanimously that Richard Nixon could not withhold the damning White House tapes sought by the...
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