28) Chief Justice Burger
explained that when Congress prohibited employers from racially discriminating, it meant also to prohibit them from preferring high school graduates to high school dropouts, and persons without a criminal record to persons with a criminal record if the result is to disproportionately disqualify blacks, unless the employer shows that the preference is a "business necessity.
Justice Brennan also disagreed with Chief Justice Burger
urging instead that a universal test was the correct solution.
Though Chief Justice Burger
had withdrawn his dissent, it was clear
State Bar of Arizona, with Chief Justice Burger
in the minority, changed everything overnight.
46) Chief Justice Burger
stated that the dispositive fact in this case was that the police told the suspect he "had" to speak with the officers, and therefore his waiver was not voluntary.
The looseleaf reference includes the first report of Chief Justice Burger
in 1970 through the 1998 report of Chief Justice Rehnquist.
Therefore, Chief Justice Burger
wrote for the majority, "the Utah Supreme Court has had no occasion to consider the application of the statute to such situations.
Chief Justice Burger
and Justice Powell expressed dismay over the corrosion of school board authority.
In a memorandum to his colleagues 10 days before the court's decision was announced, Chief Justice Burger
expressed his disappointment over failing to enlist more justices in his attempt at a "majority" opinion.
2) Indeed, Chief Justice Burger
grumbled that "[t]he Supreme Court is no place for inexperienced or ill-prepared advocates; such advocates provide little help to the Court; they do a disservice to their clients--and to themselves.
This group has included Chief Justice Burger
and Justices Stewart, Powell, Stevens, O'Connor, Kennedy, and Souter.
Carhart,(11) Justice Kennedy played the role of Chief Justice Burger
Initially Powell was the sole justice who wanted to address the merits of the case, but his insistence won over Chief Justice Burger
as well as Justices Stewart, Blackmun, Rehnquist and White.
Chief Justice Burger
reports that the discussion following the first [Roe] argument is so confused, that there are "literally not enough columns to mark up an accurate reflection of the voting" [letter from Warren Burger to William O.
So I took deep breaths until Chief Justice Burger
intoned in his deep baritone voice, "We will hear arguments now in Skipper against South Carolina.