Justice Blackmun, like Justice Burger
and Justice Powell, was
was again presumably Chief Justice Burger
in a sidebar with one of the
Indeed, only Justice Brennan--concerned that the opinion could be read to permit the use of race where it was only a partial (as opposed to dispositive) consideration--raised any dispute at all regarding the reasoning that Chief Justice Burger
employed in his initial draft.
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had withdrawn his dissent, it was clear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.
Already in Buckley, the Supreme Court under Chief Justice Burger
had stopped its call to equality which was started by his great predecessor Earl Warren.
Well, you know, two chiefs ago, Chief Justice Burger
used to complain about the low quality of counsel.
12) In Lemon, Chief Justice Burger
noted that contrary to Thomas Jefferson's misleading wall of separation metaphor, total separation between church and state is simply impossible, since some relationship is inevitable (the Chief Justice cited fire inspections, compulsory school attendance laws, and building and zoning regulations as examples of contact between church and state).
Chief Justice Burger
wrote a handwritten letter to Blackmun, describing their new relationship as a "baptism of fire" that "will be a source of constant strength to the Court, the country, and the Chief Justice.
47) Chief Justice Burger
, according to Douglas's conference notes, said it was a matter of common law, not constitutional law.
In any event, Chief Justice Burger
soon recognized his mistake and began voting with the anti-Roe block.
Blackmun's record as an appellate judge proved quite solid, albeit somewhat pedestrian, and his Senate hearing lasted less than four hours, during which he assured the Judiciary Committee that he would not hesitate to disagree with his boyhood friend, now Chief Justice Burger
The irony, as Greenhouse suggests, is that the relatively conservative Chief Justice Burger
personally selected his friend Blackmun to write the Roe opinion--probably at least in part because (personally respecting Blackmun's medical acumen) the Chief thought he could count on Blackmun's sense of judicial modesty to keep the opinion narrow.