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Warren Earl Burger

Warren Earl Burger

Supreme Court of the United States

Chief Justice of the United States · 1969–1995

Born 1907 in St. Paul, MN

Died 1995 in Alexandria, VA

FJC ID: 319

Career output and lasting influence

Opinions attributed per year · peak 18/year

District of Columbia District Court · 1956–1969District of Columbia Circuit Court of Appeals · 1956–1969Supreme Court of the United States · 1969–1995195619601980200020202026180
opinions

Later decisions citing those opinions, per year · peak 14,673/year

District of Columbia District Court · 1956–1969District of Columbia Circuit Court of Appeals · 1956–1969Supreme Court of the United States · 1969–199519561960198020002020202615k0
citing decisions

District of Columbia District Court · 1956–1969District of Columbia Circuit Court of Appeals · 1956–1969Supreme Court of the United States · 1969–1995

Both charts share the same year axis. Opinion counts include only opinions in our corpus attributed to this judge so far — a year at zero can mean an attribution gap, not judicial silence. Influence typically outlasts the career: citations keep climbing after the last opinion.

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Warren Earl Burger (September 17, 1907 – June 25, 1995) was an American attorney who served as the 15th chief justice of the United States from 1969 to 1986.

Born in Saint Paul, Minnesota, Burger graduated from the St. Paul College of Law in 1931. He helped secure the Minnesota delegation's support for Dwight D. Eisenhower at the 1952 Republican National Convention. After Eisenhower won the 1952 presidential election, he appointed Burger to the position of Assistant Attorney General in charge of the Civil Division. In 1956, Eisenhower appointed Burger to the United States Court of Appeals for the District of Columbia Circuit. Burger served on this court until 1969 and became known as a critic of the Warren Court.

In 1969, President Richard Nixon nominated Burger to succeed Earl Warren as Chief Justice, and Burger won Senate confirmation with little opposition. He did not emerge as a strong intellectual force on the Court, but sought to improve the administration of the federal judiciary. He also helped establish the National Center for State Courts and the Supreme Court Historical Society. Burger remained on the Court until his retirement in 1986, when he became Chairman of the Commission on the Bicentennial of the United States Constitution. He was succeeded as Chief Justice by William H. Rehnquist, who had served as an associate justice since 1972.

In 1974, Burger wrote for a unanimous court in United States v. Nixon, which rejected Nixon's invocation of executive privilege in the wake of the Watergate scandal. The ruling played a major role in Nixon's resignation. Burger joined the majority in Roe v. Wade in holding that the right to privacy prohibited states from banning abortions. Later analyses have suggested that Burger joined the majority in Roe solely to prevent Justice William O. Douglas from controlling assignment of the opinion. Burger's later votes aligned with this suspicion when he abandoned Roe in Harris v. McRae (voting with the majority), formally launching the restrictive Hyde Amendment into effect, and in Thornburgh v. American College of Obstetricians and Gynecologists (voting with the dissent). His majority opinion in INS v. Chadha struck down the one-house legislative veto.

Although Burger was nominated by a conservative president, the Burger Court also delivered some of the most liberal decisions regarding abortion, capital punishment, religious establishment, sex discrimination, and school desegregation during his tenure.

Gender
Male
Race
White

Prior employment

  1. Judicial Conference of the United States
    Presiding officer · 1969–1986
  2. Federal Judicial Center
    Chair of the board · 1969–1986
  3. Civil Litigation Division, U.S. Department of Justice
    Civil Litigation Division, U.S. Department of Justice
    Assistant attorney general · 1953–1956
  4. Private practice, St. Paul, Minnesota
    1931–1953
  5. St. Paul College of Law
    Instructor in contracts and trusts · 1931–1948

Appointments

  1. Supreme Court of the United States
    1969–1995 · Appointed by Richard M. Nixon (Republican)
    Term ended: Death
  2. District of Columbia District Court
    1956–1969
    Term ended: other_pos
  3. District of Columbia Circuit Court of Appeals
    1956–1969 · Appointed by Dwight D. Eisenhower (Republican)
    Term ended: Appointment to Another Judicial Position

Education

  1. St. Paul College of Law (now Mitchell Hamline School of Law)
    LL.B. · 1931