100 years ago today, one of our greatest and most underappreciated American heroes, William Brennan, Jr. (1906-1997), was born. Today, we pay tribute to this true American giant.
Facing reelection in 1956, President Eisenhower, wanting to get Catholic Democrats to support his candidacy, appointed then-New Jersey State Supreme Court Justice William Brennan, Jr. to the U.S. Supreme Court. President Eisenhower didn't expect much of his appointee, but Justice Brennan suprised him and many others. Justice Brennan served on the Supreme Court for 34 years, and served as the "chief strategist for the (Warren) Court's social revolution."
Justice Brennan wrote over 1,300 opinions -- more than any other Supreme Court Justice except Justice Bill Douglas -- during his 34 years sitting on the Supreme Court. Some of Justice Brennan's most influential opinions include the following:
* Baker v. Carr -- which allowed the courts to review state legislature redistricting plans
* New York Times v. Sullivan -- which declared that the First Amendment protects all speech, true or false, unless made with actual malice
* Craig v. Boren -- which required States have unisex DWI laws
* United Steelworkers of America v. Weber -- which upheld affirmative action in the public sector
* Plyler v. Doe -- which prohibited states from denying funds to local school districts who enroll undocumented immigrants without declaring education a "fundamental right"
* Texas v. Johnson -- which prohibited states from enacting statutes criminalizing the physical desecration of the American flag
Unlike today's Supreme Court Justices, Justice Brennan (along with Justice Thurgood Marshall and Chief Justice Warren) had a certain idea of judging: that the burden of proof should be on the government to demonstrate it has a compelling interest in making a regulation; that the Constitution was meant to protect human dignity in an ever-changing society; and that compassion need not be absent the province of judging; that the ultimate role of the law is to serve the interests of justice. Sadly, these values are sorely lacking on the Court's today. That is why we so sorely miss Justice Brennan, and why history pays testimony to his service on the Supreme Court.
Please feel free to share your opinions of Justice Brennan, and add to the tribute/discussion.