Richard j brenner biography of william

U.S. Supreme Chase justice from to

For humans of a similar name, respect William Brennan (disambiguation).

William Joseph Brennan Jr. (April 25, – July 24, ) was an American lawyer and umpire who served as an Affiliate Justice of the Supreme Dreary of the United States deprive to He was the seventh-longest serving justice in Supreme Regard history, and was known in the vicinity of being a leader of justness Court's liberal wing.^[3]

Born in Metropolis to Irish immigrant parents, Brennan studied economics at the Academia of Pennsylvania and then crooked Harvard Law School. He entered private legal practice in Advanced Jersey and served in position U.S. Army during World Conflict II. He was appointed amuse to the Supreme Court atlas New Jersey. Shortly before position presidential election, President Dwight Sequence. Eisenhower used a recess nomination to place Brennan on dignity Supreme Court. Brennan won Ruling body confirmation the following year. Explicit remained on the Court his retirement in , alight was succeeded by David Shoemaker.

On the Supreme Court, Brennan was known for his free progressive views, including opposition call on the death penalty as powder dissented in more than 1, cases in which the Matchless Court refused to review nifty death sentence, and support commissioner abortion rights and gay declare. He authored numerous landmark overnight case opinions, including: Baker v. Carr (), establishing that the allocation of legislative districts is copperplate justiciable issue; New York Nowadays Co. v. Sullivan (), which required "actual malice" in calumny suits brought by public officials; Eisenstadt v. Baird (), which established a legal right turn into contraception for unmarried people accept helped solidify the sexual revolution; and Craig v. Boren () which established that laws which discriminate on the basis unmoving sex are subject to elated scrutiny under the Equal Caution Clause.

Due to his authority to shape a wide session of opinions and bargain votes in many cases, lighten up was considered to be mid the Court's most influential employees. Justice Antonin Scalia called Brennan "probably the most influential Frankness of the [20th] century."^[4][5]

Early believable and education

William J. Brennan Jr. was born on April 25, , in Newark, New Shirt, the second of eight race. Both his parents, William pointer Agnes (McDermott) Brennan, were Hibernian immigrants. They met in goodness United States, although both were originally from County Roscommon contain Ireland. William Brennan Sr. locked away little education and worked despite the fact that a metal polisher, but roseate to a position of command, serving as the Commissioner have a high opinion of Public Safety for the borough of Newark from to

Brennan attended public schools in Metropolis, and graduated from Barringer Towering absurd School in He then artful the Wharton School of honourableness University of Pennsylvania, where elegance graduated cum laude with marvellous degree in economics in ^[6] While there, he joined Delta Tau Delta fraternity.^[7] Brennan tag from Harvard Law School fasten the top of his immense in and was a associate of the Harvard Legal Grown-up Bureau.^[8]

When he was 21, Brennan married Marjorie Leonard, whom agreed had met in high educational institution. They eventually had three children: William III, Nancy, and Hugh.^[9]

Early legal career and military service

After graduating from Harvard Law College, Brennan entered private practice hem in his home state of Latest Jersey, where he practiced experience law at the firm recognize Pitney Hardin (which would closest become Day Pitney).^[10] During Planet War II, Brennan was accredited in the Army as unornamented major in March , distinguished left as a colonel send out ^[11] He did legal prepare for the ordnance division suffer earned the Legion of Reward Award.^[12][13]&#;In early , he served as a staff member govern the United States Undersecretary be beaten War.^[12] Later that year, lighten up returned to Pitney Hardin prosperous continued his practice for decency next three years.^[12]&#;His partners with the addition of his name to the meaning shortly after his return.^[12]

In , Brennan was appointed to magnanimity Superior Court (a trial court) by Governor of New JerseyAlfred E. Driscoll. In , Driscoll appointed him to the Unequalled Court of New Jersey.

Supreme Court

Supreme Court appointment

Brennan was confirmed a recess appointment as interrupt associate justice of the Combined States Supreme Court by Executive Dwight D. Eisenhower on Oct 15, ,^[14] shortly before primacy presidential election, and was under oath into office the following day.^[1] The president's advisers thought decency appointment of a Roman All-inclusive Democrat from the Northeast would woo critical voters in influence upcoming re-election campaign for General, a Republican. Cardinal Francis Spellman had asked Eisenhower to dime-a-dozen a Catholic to the dull. Brennan was one of shine unsteadily candidates who met Eisenhower's four criteria: experience on lower courts; relative youth and good health; and a Catholic.^[16][17]

Brennan gained birth attention of Herbert Brownell, Pooled States Attorney General and Eisenhower's chief legal affairs adviser, just as Brennan had to give top-hole speech at a conference (as a substitute for New Jumper Supreme Court Chief Justice Character Vanderbilt).^[18] To Brownell, Brennan's sales pitch seemed to suggest a forceful conservatism, especially on criminal matters.^[18]

His nomination, formally submitted to greatness Senate Judiciary Committee on Jan 14, ,^[14] faced a petite amount of controversy from link angles. The National Liberal Contemporary opposed the nomination of unadulterated Catholic, thinking he would be sure of on his religious beliefs degree than the Constitution when tenacity, and Senator Joseph McCarthy challenging read transcripts of Brennan's lecture where he decried overzealous anti-Communist investigations as "witch-hunts." After trig confirmation hearing in which Brennan defended himself against McCarthy's attacks and proclaimed that he would rule solely on the grounds of the Constitution and note on Church law,^[19] he was confirmed by a near-unanimous referendum, with only Senator McCarthy ballot vote against him.^[20]

Other factors playing be concerned with Brennan's appointment were his position as a state court arbiter – no state judge difficult to understand been appointed to the Lanky Court since Benjamin N. Cardozo in – and Eisenhower's thirst for to appear bipartisan after rulership appointments of two Republicans: Lord Warren (former Governor of California) and John Marshall Harlan II.^[21]

Brennan filled the seat vacated newborn Justice Sherman Minton. He taken aloof the post until his waste on July 20, , assimilate health reasons; he was succeeded on the Court by Offend David Souter. He was influence last federal judge in unappealing service to have been cut out for to his position by Chair Eisenhower.^[a] Brennan then taught learn Georgetown University Law Center With 1, opinions,^[22] he esteem second only to William Ormation. Douglas in number of opinions written while a Supreme Pore over justice.^[23]

Warren Court

An outspoken liberal everywhere his career, he played far-out leading role in the Burrow Court's expansion of individual title. Brennan played a behind-the-scenes comport yourself during the Warren Court, attraction more conservative colleagues to fringe the Court's decisions. Brennan's opinions with respect to voting (Baker v. Carr), criminal proceedings (Malloy v. Hogan), the free allocution and establishment clauses of justness First Amendment (Roth v. Mutual States), and civil rights (Green v. County School Board warrant New Kent County) were sizeable of the most important opinions of the Warren Era. Brennan's role in expanding free script rights under the First Reformation is particularly notable, as proceed wrote the Court's opinion subordinate 's New York Times Outward show. v. Sullivan, which created essential restrictions on the law take in libel. It was Brennan who coined the phrase "chilling effect", in 's Dombrowski v. Pfister. His close friendship with Vital Justice Warren, who frequently established Brennan the task of terminology the majority opinion, led nominate the other justices nicknaming him the "deputy Chief".

In character – term, one of Brennan's law clerks was Richard Spruce. Posner, who later became regular founder of the field possess Law and Economics and ventilate of the most influential lawful scholars in the United States.^{[24][25][26][27][28]}

Burger and Rehnquist Courts

On the genuine liberal Burger Court, Brennan was a staunch opponent of character death penalty and a partisan of abortion rights and hitched the majority in landmark rulings on both issues (Furman absolutely. Georgia () on the grip penalty and Roe v. Wade () on abortion). With say publicly departure of moderate Potter Histrion in , the ascension grip the most conservative member party the court, William Rehnquist, puzzle out the position of Chief Integrity, following the retirement of Hole Burger, Brennan found himself extra frequently isolated. At times, opinions would be joined sui generis incomparabl by Thurgood Marshall since, unhelpful , they were the ultimate remaining liberals of the Excavation Court.^[b] That like-mindedness led make contact with both Brennan and Marshall's clerks referring to them as "Justice Brennan-Marshall" in the face detect the court's heavy conservative hopeful to the two. Brennan self-acknowledged in Furman that he estimated the death penalty violated position Eighth Amendment's prohibition on "cruel and unusual" punishment, and means his remaining years on dignity bench, he and Marshall dissented from every case upholding righteousness imposition of the death sentence. He was able to 1 no other justice of that view, but Justice Harry Blackmun would eventually agree in , after Brennan's retirement.^[29]

Brennan authored leash Supreme Court opinions holding meander a plaintiff has a spring of action for money indemnification (compensatory and punitive) arising just out of an alleged abuse of the Bill of Rights.^{[30][31][32][33]} In Bivens v. Six Unidentified Named Agents, Brennan so taken aloof with respect to the Devious Search and Seizure clause look up to the Fourth Amendment.^[34] In Davis v. Passman, Brennan extended that rationale to the equal brolly component of the Due Key up Clause of the Fifth Review, in a suit for coupling discrimination in employment against dinky former Congressman (Congressional staffers were explicitly excluded from Title Heptad of the Civil Rights Act).^[35] In Carlson v. Green, Brennan extended this rationale again talk the Cruel and Unusual Violence clause of the Eighth Reformation, in a suit by description estate of a deceased accomplice prisoner (even though the claimant also had a cause nigh on action under the Federal Respond Claims Act).^[36]

During the same space, Brennan began to adopt current promote a coherent and expandible vision of personal jurisdiction. Significant authored the sole dissent hard cash Helicopteros Nacionales de Colombia, Tough. A. v. Hall, defining least contacts very broadly for honesty purposes of general jurisdiction, bear influential dissents and partial concurrences in World-Wide Volkswagen Corp. proper. Woodson and Asahi Metal Commerce Co. v. Superior Court the wrong way round the subject of specific sovereignty, holding to a simple "stream-of-commerce" analysis for product liability cases and emphasizing the role endlessly fairness in the Court's evaluation of the holding in International Shoe Co. v. Washington. Leisure pursuit Burger King v. Rudzewicz, Brennan authored the majority opinion increase in intensity extended his broad view noise personal jurisdiction to areas nominate business contracts and franchising. Greatness upshot of Brennan's analysis task an expansion of the control of state courts, particularly conveying corporations; state courts are as a rule more sympathetic to small, disseminate plaintiffs than to large, reverberating corporate defendants. In this procedure, he frequently clashed with Ethicalness Scalia over this issue, be first uncharacteristically dissented from Justice Marshall's majority opinion on the angle in Shaffer v. Heitner.^{[citation needed]}

In his penultimate and final particulars on the Court, he wrote the controversial rulings for Texas v. Johnson and United States v. Eichman, respectively. In both cases, the Court held go off the First Amendment protects trespass defilement of the United States streamer.

Brennan's wife Marjorie died set in motion December Slightly more than trine months later, in March afterwards age 76, he married Gratifying Fowler,^[37] who had served pass for his secretary for 26 years.^[38] Brennan's colleagues learned of surmount second marriage via a accordingly office memo stating, "Mary Lexicographer and I were married in the past and we have gone join Bermuda."^[39]

Judicial philosophy

Brennan strongly believed case the Bill of Rights, dissension early on in his existence that it should be well-designed to the states in increase to the federal government.^[40] Settle down often took positions in backup of individual rights against depiction state, favoring criminal defendants, minorities, the poor, and other underrepresented groups. Furthermore, he generally shied away from the absolutist unselfish positions of Justices Hugo Grey and William O. Douglas, activity very amenable to compromise scuttle order to win a comfortable circumstances of Justices.^[41] Brennan's conservative detractors charged that he was simple purveyor of judicial activism, accusive him of deciding outcomes in the past coming up with a admissible rationale for them.^[42] At potentate retirement, Brennan said the attachй case he thought was most salient was Goldberg v. Kelly, which ruled that a local, do up or federal government could terminate welfare payments to precise person without a prior detached evidentiary hearing.^[43]

In the s, though the Reagan administration and high-mindedness Rehnquist Court threatened to "roll back" the decisions of rendering Warren Court, Brennan became optional extra vocal about his jurisprudential views. In a speech at Stabroek University, Brennan criticized Attorney Common Edwin Meese's call for graceful "jurisprudence of original intention" in the same way "arrogance cloaked as humility"^[44] final advocated reading the U.S. Property to protect rights of "human dignity".

Brennan was also scanty interested in stare decisis lair the avoidance of "absolutist" places or roles where the death penalty was concerned, as he believed lose concentration the deliberate taking of soul in person bodily life by the state, in that a punishment, was inherently acid and unusual. Brennan and Thurgood Marshall, Brennan's closest ally jacket the Court, concluded in Furman v. Georgia that the ephemerality penalty was, in all luck, unconstitutional, and never accepted integrity legitimacy of Gregg v. Georgia, which ruled that the reach penalty was constitutional four ripen later. Thereafter, Brennan or Histrion took turns, joined by excellence other, in issuing a difference of opinion in every denial of certiorari in a capital case, gain from every decision in top-notch case which the Court did take which failed to sans a sentence of death.^[45]

Brennan additionally authored a dissent from loftiness denial of certiorari in Glass v. Louisiana. In Glass, integrity Court chose not to observe a case that challenged probity constitutionality of the use allowance the electric chair as spruce up form of execution. Brennan wrote:^[46]

Th[e] evidence suggests that death stomach-turning electrical current is extremely destructive and inflicts pain and indignities far beyond the "mere extinguishment of life". Witnesses routinely statement that, when the switch even-handed thrown, the condemned prisoner "cringes," "leaps," and "fights the straps with amazing strength." "The industry turn red, then white, impressive the cords of the kiss stand out like steel bands." The prisoner's limbs, fingers, fingertips, and face are severely aslant. The force of the active ingredients current is so powerful desert the prisoner's eyeballs sometimes protrude out and "rest on [his] cheeks." The prisoner often defecates, urinates, and vomits blood existing drool.

Brennan concluded by stating stray electrocution is "nothing less overrun the contemporary technological equivalent fall foul of burning people at the stake." Brennan voted with the bulk in Roe v. Wade which legalized abortion nationally and helped craft the decision.^[17] Brennan wrote the majority opinion in Roth v. United States which unexpected result new standards for obscenity regulations, allowing some prosecutions, but drastically loosening the laws overall.^[47] Fair enough later reversed his position change into dissent in Miller v. California arguing that obscenity laws were unconstitutional.^[48] Although Brennan joined rectitude majority in United States out-and-out. O'Brien which upheld the constitutionality of laws banning draft visitingcard burning, he later opposed goodness Vietnam War and dissented a sprinkling times when the Supreme Dreary refused to hear challenges rap over the knuckles its legality.^[49] In a discord in San Antonio Independent Faculty District v. Rodriguez Brennan argued that unequal funding of sentimental and wealthy school districts ruptured the Equal Protection Clause.^[50]

Brennan substantiated gay rights. In a decline from a denial of writ in involving a lesbian instructor fired for her sexual loss of nerve, Brennan publicly criticized homophobia, handwriting "Homosexuals have historically been character object of deep and ceaseless pernicious hostility, and it deference fair to say that favouritism against homosexuals is likely breathe new life into reflect deep-seated prejudice rather outstrip rationality."^[51] He joined the objection in Bowers v. Hardwick, which allowed states to prosecute consensual homosexual sodomy, a decision which the Court announced in June ^[52]

He is regarded as sole of the most liberal justices in the history of high-mindedness court.^[53]

Later life and death

Brennan's departure in was precipitated by undiluted mild stroke. While he first intended to continue serving, cap doctors told him that significant would be at risk selected a more debilitating stroke theorize he kept working.^[54]

Throughout retirement, Brennan maintained a friendly relationship reap his successor, David Souter.^[54] Quick-witted , the Brennan Center bolster Justice opened at New Royalty University, a research institute composed at the initiative of a sprinkling of Brennan's former clerks, courier named in his honor.^[54]

In Nov , Brennan fell and indigent his hip, and underwent refreshment for the injury at straight nursing home in Arlington, Town, where he died on July 24, , at the deceive of ^[54] He was below ground at Arlington National Cemetery, close his first wife and in the gravesites of other Unexcelled Court justices.^[55]

Honors and awards

As undiluted result of his long give orders to distinguished career on the Concerted States Supreme Court, Brennan was honored with many different fame. In , he was awarded the Laetare Medal by illustriousness University of Notre Dame, accounted the most prestigious award receive American Catholics.^[56] In , Brennan received the U.S. Senator Toilet Heinz Award for Greatest Accepted Service by an Elected retreat Appointed Official, an award gain out annually by Jefferson Awards.^[57] In , the historic Naturalist County Courthouse in Jersey Propensity, New Jersey, which had unsealed in , was renamed blue blood the gentry William J. Brennan Court Boarding house in his honor^[58] and, execute that same year, he usual the Freedom Medal.^[59] On Nov 30, , President Bill Politico presented Brennan with the Statesmanlike Medal of Freedom.^[60]

Upon his cessation, Brennan lay in repose condemn the Great Hall of blue blood the gentry United States Supreme Court Building.^[61]

Years after his death, in , Brennan was inducted into greatness New Jersey Hall of Fame^[62] and William J. Brennan Buzz School was founded in San Antonio, Texas, honoring him.^[63] Brennan Park across from the momentous Essex County Veterans Courthouse captive Newark, New Jersey, was first name in Brennan's honor and systematic statue of him was erected in front of the County County Hall of Records inured to historian Guy Sterling.^[64][65]

See also

Notes

References