Summary of The Brethren

The authors begin with Earl Warren, the Chief Justice of the United States, at the beginning of the Nixon Administration after Nixon had run on a platform opposing the Warren Court. Nixon was faced with the chance to nominate a Chief Justice to the Supreme Court because Warren was stepping down. In this section, the authors detail the controversies engendered by the search for a nominee, the in-fighting that took place, and the actions of various public interest groups and pressure groups. Warren E. Burger was the man nominated for the post, and the Senate hearings commenced. The Warren Court handed down its final three opinions, and Warren left, wishing his successor success.

The authors describe the first term of the Burger Court, beginning when Burger took over his office in July, though the Court did not convene until October as always. Burger was concerned about privacy for Court proceedings, opinions, and interactions among the Justices. Burger could control his own clerks, and he instituted a system that would prevent them from talking to other clerks or in any way giving away his thinking on issues raised before th

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d bring the Vietnam War into the Supreme Court. An important case decided in this term was the Pentagon Papers case, where the Court decided against the government and supported the New York Times on the basis of freedom of speech. The case involved as well a strong presumption against prior restraint. The case argument involved a split on the Court, but Burger described it and treated it as "actually unanimous" (174). 1971 TERM During the latter part of the 1970 term, Justice Black had experienced health problems. He now entered the hospital, and believing he would not get out of the hospital, he had his most private papers burned. When Black died and Harlan resigned, Nixon had the opportunity to select two Supreme Court Justices. The process of selection began again, as did the various efforts to influence Nixon's decision. There were concerns on the part of Burger and others that Nixon would again try to nominate someone who was not qualified, such as had happened with Carswell. Nixon nominated Lewis F. Powell and William H. Rehnquist. Each had both advantages and disadvantages in getting confirmed, but in the end both were and joined the Court. This would be the session of the Court in which the abortion issue wa
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Approximate Pages = 7 (250 words per page)

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