Writing for a majority of six, Chief Justice Burger
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had withdrawn his dissent, it was clear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.
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.
That judgment is supported by "opinions" filed by retired Chief Justice Burger
, retired Justices Brennan and Blackmun, and myself in the Brigham Young University Law Review.
Burger and is the author of the forthcoming authorized biography of Chief Justice Burger
Michael and I later sat together in the courtroom during the arguments--grimacing as then--chief justice Burger
intoned from the bench, "Well, Professor Tribe, didn't we used to put people to death for this?
Chief Justice Burger
authored the most significant dissent and stated that, although following Massiah would suppress all evidence obtained in violation of the Sixth Amendment, a blanket exclusionary rule should not be adopted.
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.
Georgia, Justice Blackmun joined the other Nixon appointees--Chief Justice Burger
and Justices Lewis Powell and William Rehnquist--in dissenting from the Court's conclusion that the death penalty is cruel and unusual punishment where the jury has untrammeled discretion in imposing the sentence.
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.