William J. Brennan, Jr.

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William J. Brennan, Jr. bigraphy, stories - American judge

William J. Brennan, Jr. : biography

April 25, 1906 – July 24, 1997

William Joseph Brennan, Jr. (April 25, 1906 – July 24, 1997) was an American jurist who served as an Associate Justice of the United States Supreme Court from 1956 to 1990. As the seventh longest-serving justice in Supreme Court history, he was known for being a leader of the Court’s liberal wing."Souter’s Exit Opens Door for a More Influential Justice" http://www.nytimes.com/2009/05/08/us/08court.html . Retrieved October 9, 2009.

He was known for his outspoken progressive views, including opposition to the death penalty and support for abortion rights. He authored several landmark case opinions, including Baker v. Carr, establishing the "one person, one vote" principle, and New York Times Co. v. Sullivan, which required "actual malice" in a libel suit against those deemed "public figures". Due to his ability to shape a wide variety of opinions and "bargain" for votes in many cases, he was considered to be among the Court’s most influential members. Justice Antonin Scalia has called Brennan "probably the most influential Justice of the [20th] century."

On November 30, 1993, Justice Brennan was presented with the Presidential Medal of Freedom by President Bill Clinton.

Notes

Supreme Court

Brennan was named to the U.S. Supreme Court through a recess appointment by Dwight Eisenhower in 1956, shortly before the 1956 presidential election. Presidential advisers thought the appointment of a Roman Catholic Democrat from the Northeast would woo critical voters in the upcoming re-election campaign for Eisenhower, a Republican.

Brennan gained the attention of Herbert Brownell, United States Attorney General and Eisenhower’s chief legal affairs adviser, when Brennan had to give a speech at a conference (as a substitute for New Jersey Supreme Court Chief Justice Vanderbilt).Eisler (1993), p. 85 To Brownell, Brennan’s speech seemed to suggest a marked conservatism, especially on criminal matters. Other factors playing into Brennan’s appointment were his Catholicism, his status as a state court judge (no state judge had been appointed to the High Court since Benjamin Cardozo in 1932), and Eisenhower’s desire to appear bipartisan after his appointments of two Republicans: Earl Warren (former Governor of California) and John Marshall Harlan II.Eisler (1993), p. 84

Justice Brennan is one of thirteen justices in the history of the Supreme Court who identified as Roman Catholic.

Supreme Court confirmation

His nomination faced a small amount of controversy from two angles. The National Liberal League opposed his nomination because they thought he would rely on his religious beliefs rather than the Constitution when ruling, and Senator Joseph McCarthy had read transcripts of Brennan’s speech where he decried overzealous anti-Communist investigations as "witch-hunts." After a confirmation hearing in which Brennan defended himself against McCarthy’s attacks and proclaimed that he would rule solely on the basis of the Constitution and not on Church law, he was confirmed by a near-unanimous vote, with only Senator McCarthy voting against him.Eisler (1993), p. 119

He filled the seat vacated by Justice Sherman Minton. He held the post until his retirement on July 20, 1990, for health reasons; he was succeeded on the Court by Justice David Souter. Brennan then taught at Georgetown University Law Center until 1994. With 1,360 opinions, he is second only to William O. Douglas in number of opinions written while a Supreme Court justice.

Warren Court

An outspoken liberal throughout his career, he played a leading role in the Warren Court’s dramatic expansion of individual rights. Brennan played a large behind-the-scenes role during the Warren Court, coaxing more conservative colleagues to join the Court’s decisions. Brennan’s opinions with respect to voting (Baker v. Carr), criminal proceedings (Malloy v. Hogan), the free speech and establishment clauses of the First Amendment (Roth v. United States), and civil rights (Green v. School Board of New Kent County) were some of the most important opinions of the Warren Era. Brennan’s role in expanding speech rights under the First Amendment is particularly notable, as he wrote the Court’s opinion in 1964’s New York Times v. Sullivan, which created constitutional restrictions on the law of libel. It was Brennan who coined the phrase "chilling effect", in 1965’s Dombrowski v. Pfister. His close friendship with Chief Justice Warren, who frequently assigned Brennan the task of writing the majority opinion, led to the other justices nicknaming him the "deputy Chief".