Miers: "Warren Burger is my favorite Supreme Court Justice" [View All]

[npincus]

http://en.wikipedia.org/wiki/Warren_Burger

On Stephanopoulous this morning, Sen. Patrick Leahy confirmed that in his meeting with Miers, he had asked her to name her favorite Supreme Court Justice (or the one she most admired), and she answered "Warren". She then clarified her response: " Justice Warren Burger".

Interesting. Warren Burger voted in favor of Roe vs. Wade. Is this a case of Miers telling a Dem senator what she thinks he wants to hear, or is this a reflection of her real way of thinking, or is this an example of her lack of knowledge about Court history? In any event, this exchange was later repeated on Chris Matthews' show on NBC.

Here is a bit of biographical info on Miers' 'Favorite Justice":

The Burger Court

In the early 1970s, it became apparent that Burger was not going to turn the clock back on the rulings of the Warren Court, as the Court issued rulings supporting busing to reduce de facto racial segregation in schools and invalidating all death penalty laws then in force, although Burger dissented from the latter decision. In the most controversial ruling of his term, Roe v. Wade, Burger voted with the majority to recognize a right to abortion.

Burger was a strong supporter of separation of powers and the maintenance of checks and balances between the branches of government. In 1974 he ruled against President Nixon's attempt to keep several memos and tapes relating to the Watergate scandal private, prompting Nixon to resign in order to avoid impeachment. In the 1983 case of Immigration and Naturalization Service v. Chadha, he held, for the majority, that Congress could not reserve a legislative veto over executive branch actions.

On issues involving criminal law and procedure, Burger remained reliably conservative. He joined the Court majority in voting to reinstate the death penalty in 1976, and in 1983 he vigorously dissented from the Court's holding in the case of Solem v. Helm that a sentence of life imprisonment for issuing a fraudulent check in the amount of $100 constituted cruel and unusual punishment.

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Overall Burger's was not a strong voice on the court. He often only wrote straightforward and uncontroversial opinions and avoided those in which the court was evenly split. Instead, he poured his energy into the other role of the Chief Justice, administering the nation's legal system. He initiated the National Institute for State Courts, which is now located in Williamsburg, Virginia, the Institute for Court Management, and National Institute of Corrections to provide professional training for judges, clerks, and prison guards. He initiated the annual State of the Judiciary speech given by the Chief Justice to the American Bar Association. Some detractors thought his emphasis on the mechanics of the judicial system trivialized the office of Chief Justice.