©1997, ProMotion, inc.
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Review by Roger Bishop
That question was at the heart of Earl Warren's approach to the law during his 15 years as Chief Justice of the United States Supreme Court. His life experience, which included extensive public service as a district attorney and state attorney general and governor of California, led him to that question. He understood that law, by its nature, was conservative, steeped in historical precedent. But he also knew that law had to meet the changing needs of a dynamic society. It was important, he noted, that every Supreme Court decision be "evaluated in terms of practical application. Everything we do must include the human equation, for what we do with our legal system will determine what American life will be . . ."
The Warren Court was responsible for expanding our understanding of individual and civil rights. At the time, some of those decisions were very controversial and remain so for certain citizens. Yet, remarkably, succeeding Courts, led by chief justices whose judicial philosophies differ from Warren's, have not rescinded or reversed the central thrust of the Warren Court's legacy. All of our lives have been affected directly or indirectly by those rulings from 1954 through 1969.
Who was Earl Warren? How was he able to lead a previously divided Court of men of strong convictions to reach sometimes unanimous decisions in such landmark cases as Brown v. Board of Education, which declared segregation in education illegal, the one person-one vote decision, and the Miranda rights verdict? In his splendid "Chief Justice," Ed Cray, Associate Professor of Journalism at the University of Southern California, gives us a clear picture of both the public and private life of this man who came to represent the best of America for many around the world.
Cray helps us appreciate Warren's roots in California in the first part of the century. The son of immigrants, his father from Norway, his mother from Sweden, Earl was taught the value of hard work and the importance of education. Politically, Warren was a Republican, but he had grown up with the Progressive tradition of Hiram Johnson, who served as both governor and senator. It was also a state where voters were accustomed to cross-filing, which allowed them to vote in primaries of parties other than their own. He believed that government had an important role to play, but he was known for nonpartisanship and the need for coalition politics to achieve desired goals.
Skills practiced in that political environment became a crucial element in his leadership of the court. As Cray writes, "His leadership stemmed from personal vision coupled with political acumen." During his ten years as governor he was admired as an administrator. "He was personable, gregarious, and widely respected in both political and law enforcement circles," Cray writes. Although not a legal scholar and without judicial experience, he was hardworking, and his ability to reach out to others counted for a lot. His relations with the other justices were very good, with the exception of Felix Frankfurter. The latter once said, "The Supreme Court exists to establish rules of law, not to provide justice." That approach and Frankfurter's rather condescending approach to Warren led to some difficult exchanges.
Cray discusses Warren's role in the evacuation and internment of Japanese-Americans during World War II. Based on the facts presented to him at the time, Warren thought it appropriate although he did have serious reservations. In his posthumously published memoirs he apologized.
Over half of the text deals with the Warren Court. Cray's discussion of legal matters, sometimes complex, is presented in a reader-friendly way. The author is also careful to tell not only about Court decisions and how they came about, but to relate the public reaction to them.
Among other highlights of this fair and absorbing biography: the work of the Warren Commission investigating the assassination of John F. Kennedy, an assignment the Chief Justice did not want; Warren's presidential ambitions; his ongoing political differences with Richard Nixon; and his cool relationship with President Eisenhower, who had appointed him.
Roger Bishop is Contributing Editor to this publication.
©1997, ProMotion, inc.