The vote in Roe was 7-2. This is FRESH AIR.Copyright © 2016 NPR. What we mean by that is that yes, of course, Roe against Wade was a Burger court decision in 1973. This was a medical - a state medical school in California. In Roe v. Wade (1973), the Burger Court extended the right to privacy to abortion. So Richard Nixon ran against the Supreme Court, ran very successfully against the Warren Court as a court that coddled criminals and had ushered in the crime wave that was then very salient in the country. Nixon's final appointment, William Rehnquist, became the next chief justice after Burger retired in 1986.The Burger Court has often been described as playing a transitional role between the liberal Warren Court and the conservative Rehnquist Court. You say the precedent for that goes to the Burger Court. Any court that followed the Warren Court would have had to fill in those blanks because between 1954, when the Warren Court decided Brown against Board of Education and 1969, when Chief Justice Warren retired, there had been precious little desegregation throughout the South and there was growing segregation, not by law, but by housing patterns in the North. 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. 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. Outside of the schoolhouse, the Burger Court heard a challenge to the placement of crèches on public property. And that led to, of course, great disparities, great inequalities of wealth, led to inequalities of resources available to the school systems.So the question was, what does the 14th Amendment Guarantee of Equal Protection have to say about that?

And what papers do you have access to?GREENHOUSE: So I'll just say, I mean, it's enormous fun.


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."
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The vote in Roe was 7-2. This is FRESH AIR.Copyright © 2016 NPR. What we mean by that is that yes, of course, Roe against Wade was a Burger court decision in 1973. This was a medical - a state medical school in California. In Roe v. Wade (1973), the Burger Court extended the right to privacy to abortion. So Richard Nixon ran against the Supreme Court, ran very successfully against the Warren Court as a court that coddled criminals and had ushered in the crime wave that was then very salient in the country. Nixon's final appointment, William Rehnquist, became the next chief justice after Burger retired in 1986.The Burger Court has often been described as playing a transitional role between the liberal Warren Court and the conservative Rehnquist Court. You say the precedent for that goes to the Burger Court. Any court that followed the Warren Court would have had to fill in those blanks because between 1954, when the Warren Court decided Brown against Board of Education and 1969, when Chief Justice Warren retired, there had been precious little desegregation throughout the South and there was growing segregation, not by law, but by housing patterns in the North. 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. 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. Outside of the schoolhouse, the Burger Court heard a challenge to the placement of crèches on public property. And that led to, of course, great disparities, great inequalities of wealth, led to inequalities of resources available to the school systems.So the question was, what does the 14th Amendment Guarantee of Equal Protection have to say about that?

And what papers do you have access to?GREENHOUSE: So I'll just say, I mean, it's enormous fun.


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."
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The vote in Roe was 7-2. This is FRESH AIR.Copyright © 2016 NPR. What we mean by that is that yes, of course, Roe against Wade was a Burger court decision in 1973. This was a medical - a state medical school in California. In Roe v. Wade (1973), the Burger Court extended the right to privacy to abortion. So Richard Nixon ran against the Supreme Court, ran very successfully against the Warren Court as a court that coddled criminals and had ushered in the crime wave that was then very salient in the country. Nixon's final appointment, William Rehnquist, became the next chief justice after Burger retired in 1986.The Burger Court has often been described as playing a transitional role between the liberal Warren Court and the conservative Rehnquist Court. You say the precedent for that goes to the Burger Court. Any court that followed the Warren Court would have had to fill in those blanks because between 1954, when the Warren Court decided Brown against Board of Education and 1969, when Chief Justice Warren retired, there had been precious little desegregation throughout the South and there was growing segregation, not by law, but by housing patterns in the North. 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. 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. Outside of the schoolhouse, the Burger Court heard a challenge to the placement of crèches on public property. And that led to, of course, great disparities, great inequalities of wealth, led to inequalities of resources available to the school systems.So the question was, what does the 14th Amendment Guarantee of Equal Protection have to say about that?

And what papers do you have access to?GREENHOUSE: So I'll just say, I mean, it's enormous fun.


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."
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was the burger court conservative

by

So there was a challenge, of course, to the Hyde Amendment. His first appointment, Warren Burger, in 1969, was also chosen by Nixon to be the chief justice. But quite surprisingly, in an opinion by Justice Anthony Kennedy, the court upheld the University of Texas system, citing the Bakke case, citing the Bakke rationale for diversity. He saved everything.

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. So only - when Scalia was alive, only eight justices would have been sitting on the case.

Linda Greenhouse, author of The Burger Court, says those years helped establish the court's conservative legal foundation. The University of California, Davis had a - set aside an actual quota for non-white applicants to the medical school. She co-wrote a new book about how the Supreme Court under Chief Justice Warren Burger moved the court to the right, establishing the conservative legal foundation for the more conservative courts that followed. Questioning could proceed despite him not having received his Miranda rights.So by the end of the period - and this is continued through the Rehnquist Court and into today in the Burger Court - the Miranda decision itself is sort of a tattered remnant of what, I think, it was in the minds of the Warren Court justices who came up with that way of protecting the criminal suspect's rights against compelled self-incrimination.GROSS: 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." That is not true.

The vote in Roe was 7-2. This is FRESH AIR.Copyright © 2016 NPR. What we mean by that is that yes, of course, Roe against Wade was a Burger court decision in 1973. This was a medical - a state medical school in California. In Roe v. Wade (1973), the Burger Court extended the right to privacy to abortion. So Richard Nixon ran against the Supreme Court, ran very successfully against the Warren Court as a court that coddled criminals and had ushered in the crime wave that was then very salient in the country. Nixon's final appointment, William Rehnquist, became the next chief justice after Burger retired in 1986.The Burger Court has often been described as playing a transitional role between the liberal Warren Court and the conservative Rehnquist Court. You say the precedent for that goes to the Burger Court. Any court that followed the Warren Court would have had to fill in those blanks because between 1954, when the Warren Court decided Brown against Board of Education and 1969, when Chief Justice Warren retired, there had been precious little desegregation throughout the South and there was growing segregation, not by law, but by housing patterns in the North. 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. 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. Outside of the schoolhouse, the Burger Court heard a challenge to the placement of crèches on public property. And that led to, of course, great disparities, great inequalities of wealth, led to inequalities of resources available to the school systems.So the question was, what does the 14th Amendment Guarantee of Equal Protection have to say about that?

And what papers do you have access to?GREENHOUSE: So I'll just say, I mean, it's enormous fun.


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."

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