During Earl Warren’s tenure as Chief Justice of the U.S. Supreme Court (1953-1969), the court became an “engine for social change.” Claiming that the chief justiceship of Warren Burger (1969-1986) derailed the “quest for greater equality” of his predecessor, Michael Graetz and Linda Greenhouse have written a well-researched history of the Burger Court. Enhanced by revealing passages from the collected papers of three Burger Court members, it is a worthwhile book which reminds us that, in the words of Justice Oliver Wendell Holmes, the life of the law is not logic, but experiences.
Near the end of the 1967-1968 term, Warren feared that Richard Nixon, an ardent critic, would win the 1968 election and appoint his successor. Determined to avoid that contingency, Warren approached President Lyndon Johnson and stated that he would retire as soon as Johnson could get his successor confirmed.