Nixon and the Supreme Court

Supreme Court

Nine membersAppointed by the President and Approved by the SenateJob – interpret the Constitution and decide on

the constitutionality of the lawsPerson in charge- chief justice- John RobertsFirst woman on SC- Sandra Day O’ConnorThree women on SC today

1950’s Chief Justice- Earl WarrenMost of Court had been appointed by

FDRoosevelt and TrumanLiberal leaning – interpreted the Constitution

“loosely” = “well… we think C means this …” Usually interpreted laws based on ideas of

change and improving societyExample- Brown vs. Board of Education“segregation of schools” – out

Other Court decisions

1965 – Griswold vs. Connecticut Court said that a state ( Conn in this case)

could not prohibit contraceptives

1964-1966 Escobedo Case and Miranda CaseCourt said that people that are arrested have

a right to know that anything they said could be used against them

“ Miranda warning” – aka reading of rights

Nixon wanted to change the liberal leaning Court

And some Conservatives wanted to impeach ( accuse) Chief Justice Warren of a crime … basically they did not agree with “left leaning” court

AH!! Warren retired !! Nixon gets to appoint a new Chief Justice- Warren

Burger and eventually 3 other Conservative judgesThese new justices would interpret the Constitution “strictly”- follow exactly what the Constitution says

Or so Nixon thought….

Before being appointed to the Court- judges often “seem” to have a certain view but once on the Court change

RESULT?? The Burger Court was often reluctant to overrule decisions of the Warren Court

1973

Court issues Roe v. Wade decision Which stated that abortion was legal in the

USA

Yikes!! A pro- choice decision/interpretation by a Conservative court.

Conservatives were shocked

Issue is still alive today