The Ascent of Pragmatism: The Burger Court in Action - Hardcover

Although the Supreme Court under Chief Justice Warren Burger preached judicial restraint, it actually pursued a policy of "rootless activism," contends New York University law professor Schwartz. He offers a critical portrait of Burger as a frequently inept opinion-writer and a weak leader. In this detailed casebook, the author of Super Chief: Earl Warren and His Supreme Court argues that Burger, a tough law-and-order judge, sought to dismantle the liberal edifice erected by Warren but was out-voted by a centrist majority of justices. The Burger Court (1969-1986) upheld women's right to abortion ( Roe v . Wade ), endorsed affirmative action programs, extended rights to criminal or indigent defendants and, in U.S. v . Nixon , contributed to the first resignation of a president. Schwartz argues lamely that the Burger Court was generally swept along by what it perceived as a consensus in the social arena.
Copyright 1989 Reed Business Information, Inc.

This is a thoroughly researched book on the Supreme Court under Chief Justice Warren Burger. Schwartz (law, NYU Law School), author of Super Chief: Earl Warren and His Supreme Court ( LJ 4/15/83) , looks at the important Burger Court decisions. Rather than confining the book to landmark cases, Schwartz examines those cases which exemplify his theses--that Burger himself was not as effective as the entire Court he supervised; that the Court was a logical successor to the Warren Court in that it consolidated most of the latter's decisions; and that it was both an activist Court, due to decisions such as Roe v. Wade , and a pragmatic one in that it followed the trends of the time rather than breaking new ground. Schwartz's insights into the individual Justices are excellent. Recommended.
- Robert W. Langran, Villanova Univ., Pa.
Copyright 1989 Reed Business Information, Inc.