When Nixon tapped Warren Burger in 1969 to replace as Chief Justice the retiring Earl Warren, he expected him to lead a retrenchment from the Progressivism of the 50s and 60s. While a subtle chipping away at the expansiveness of the previous years occurred, a largely progressive trajectory was sustained through much of the 70s, as consistently conservative justices were still outnumbered. Ironically, Burger’s court even ruled unanimously to compel Nixon to release his tapes. The first half of the 1970s were a maelstrom indeed as Vietnam, Watergate, and pushback on gender and racial equality convulsed society. From the Pentagon Papers to privacy rights to the death penalty to ethnic profiling at the border, the Court ruled on issues that both reflected and shaped the times. As we survey cases, we’ll meet some of the litigants and justices who peopled intriguing back stories, learning what the issues were, how the Court ruled, and why. Controversial topics will be approached objectively from a legal viewpoint, carefully balancing clashing opinions. At times, we’ll examine the telling, or even foretelling, dissents. As well, along the way, fundamentals of constitutional law will be reinforced. You’ll also vote on the best and worst cases of 1970-75! The final class will be, for many, a highlight in reviewing the Court’s most recent term, as our own maelstrom currently whirls around us.
Dr. Shari O’Brien has doctorates in English and law; she worked in United States District Court and practiced law for thirty-five years. Publishing five law review articles as well as hundreds of essays and poems in national journals, she taught writing and poetry for twenty-seven years at UT and continues to write poetry today.