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| Justice for All: Earl Warren and the Nation He Made | 
 enlarge | Author: Jim Newton
Publisher: Riverhead Hardcover
Category: Book
List Price: $32.00
Buy New: $3.54
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Avg. Customer Rating:  (18 reviews)
Sales Rank: 43075
Format: Bargain Price
Language: English (Published)
Media: Hardcover
Number Of Items: 1
Pages: 624
Shipping Weight (lbs): 1.6
Dimensions (in): 9.4 x 6.1 x 2
Dewey Decimal Number: 347.732634
ASIN: B000R7O2W8
Publication Date: October 5, 2006
Release Date: October 5, 2006
Availability: Usually ships in 1-2 business days
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Product Description
In Justice for All, Jim Newton, an award-winning journalist for the Los Angeles Times, brings readers the first truly comprehensive consideration of Earl Warren, the politician-turned- Chief Justice who refashioned the place of the Supreme Court in American life through cases whose names have entered the common parlance-Brown v. Board of Education, Griswold v. Connecticut, Miranda v. Arizona. Drawing on unmatched access to government, academic, and private documents pertaining to Warren's life and career, Newton illuminates both the public and the private Warren. The result is a monumental biography of a complicated and principled figure that will become a seminal work of twentieth-century American history.
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| Customer Reviews: Read 13 more reviews...
This Book Brought Back a Lot of Memoies. August 23, 2008
1 out of 1 found this review helpful
This book brought back a lot of memories for me - Warren as our Attorney General who sent the Japanese to the camps in 1942, as our Governor for 11 years, a good governor, a decent man, well respected, pretty much middle of the road with good appointments, my old friend Bill Sweigert being one of them. Earl Warren at Isle Aves in the Bohemian Grove in the early sixties, or in the sorority houses for lunch before a Cal game in the forties, a large genial man, unprepossessing, pleasant.
Then too there are the memories of the sixties when the "Warren Court" was the bane of the conservatives and "Impeach Earl Warren" signs were abundant in California, particularly in the Los Angeles area and in the South where the end of segregation had not yet been accepted, when we were shocked by some of its decisions restricting recognized police procedures. The Court did, as they said, "go too far into `freeing' the bad guys". I remember being particularly upset by two decisions - Roth and New York Times v Sullivan - which I felt then (and still feel) went too far in freeing the press from any reasonable responsibility for pornography or slander or libel. Particularly shocking was Griswold v Connecticut where, in a passage which will live as the high-watermark of judicial doublespeak, Justice Douglas found that the Bill of Rights had "penumbras" from which flowed "emanations' wherein could be found a right of privacy embedded in the Bill of Rights. And he found it , thus setting the stage for Roe v Wade a year or so later - a decision which almost every constitutional scholar now believes was wrongly decided and which set off a divisive national controversy which has split the country for forty years.
All this and much more is in this remarkable, well researched, highly readable 525 page biography written by Jim Newton a seasoned reporter for the Los Angeles Times and the former long time head of its Editorial Board. I had not realized what a dominating figure Earl Warren was to twentieth century of American politics - in fact how influential he as been over-all in the formation of our society. I can think of no Justice apart from Chief Justice Marshall who has been more of an influence in he Court. Nor can I think of a President - apart from Washington, Jefferson, Lincoln, Franklin Roosevelt and maybe Andrew Jackson - who has been a greater influence on American society. History will view him as truly one of our "greats". But he didn't start that way.
Earl Warren was first and foremost a Californian. He was born to working class parents in Los Angeles in 1891 and died in 1974 a age 83 in Washington where, far from California, he lies honored in Arlington Cemetery as a World War I soldier and one of the greatest of the great Americans.
His was a rather mundane career until he became Governor in 1942. He had an undistinguished career at the University of California and Boalt Law School, had been an infantryman without combat in the War, tried private practice briefly, didn't like it and then in the twenties went into the District Attorney's office in Oakland. He became a respected District Attorney, served several terms, became well known in Republican circles but to the end of his days remained a prosecutor, but a fair one. You don't have to be a tyrant to be a prosecutor. The essence of prosecution is to be fair. This differs from the essence of the defense, which is to get the best deal. possible for a guilty client. Fairness has nothing to do with it.
He was Attorney General of California from 1938-42 and then served three terms as Governor, being selected as Chief Justice of he United States by President Eisenhower in 1953, three years into his third term as Governor.
I don't think this brief review is the place to touch on all that he did as Governor or as Chief Justice. That's why you should read the book. Suffice it to say that he proved to be as collaborative as Chief Justice as he was as Governor. He was always a consensus builder, a talent without which we might not be where we are today.
His accomplishments? His Court ended racial segregation (Brown v Board of Education of Topeka Kansas), almost as important a decision as Marbury v Madison. The country can't segregate public facilities, nor can it reapportion or redistrict or gerrymander geography so as to deny blacks equal representation (Boynton v Virginia, Baker v Carr.) Every man has one vote (Wesberry v Sabdes). You can' have race-based elections (Gemellion).
His Court severely limited the then current police practices - too
much so in the opinion of many, including mine. A policeman can't stop a car or a person for questioning without reason to suspect that person of unlawful behavior by articulable evidence - not a hunch - real evidence (Terry v Ohio), nor may he question the person about a crime without a proper warning (Miranda). In fact the person doesn't even have to talk to him, He has a right to remain silent (Escobedo). Once the person has counsel, the police can't talk to him at all (Massiah). The person has a right to counsel, and if the defendant is indigent one must be provided (Gideon v Wainwright) and you can't have him in a lineup without counsel. (US v Wade). He has a right to a transcript and to counsel on appeal (Griffin v Illinois). Most importantly he cannot be subject to an unlawful search; and evidence found in such a search is not admissible against him at trial (Mapp v Ohio). (This ruling is, I think, the most hurtful to the prosecution of any of the Warren Court rulings because it has led to countless dismissals of obviously guilty persons and a myriad of decisions on the subject plus incentivizing police perjury in trying to avoid the consequences of an obviously unlawful search. For example "He consented to open the car" etc. etc.)
Then there are the decisions on fee speech, liberalizing the laws against pornography (Roth) and, most importantly in my opinion immunizing the press from libel in almost every circumstance where a public person is involved - and almost anyone who is the subject of a news article can be called a "public person" (New York Times v Sullivan). Sullivan held that a free press was immunized form suit for defamation of libel unless the plaintiff proved "actual malice" which could be equated either to knowledge of the falsity of the story or a reckless disregard of investigation. Either way the decision has polluted our media with nuanced or outright untruths.
Warren dominated the Court during his 16 years (1953-69) as Chief Justice, Always fair, always calm, always adroit he forged consensus among brilliant, independent men - men who had been intellectually blooded at the highest levels of academia or government and who rarely brooked any opinion other than their own. Yet he moulded them by personality, reason and calm judgment into a majority which followed his lead. Rarely was he in the minority.
In doing this he revolutionized our society in ways we tend to forget or overlook because society as now changed has generally accepted the changes. We would never go back to the way it was in 1953, nor could we. We could never go back to segregation. We could never abide a defendant's being convicted without representation, without, a fair trial or by misconduct on the part of the police or the prosecutors. (In fact most of us have forgotten how the criminal courts operated before the Warren Court changed all that.) Nor will we be restrained in our speech, on what we can watch, or where we can vote - or even if we can vote, being black.
None of this was done without protest - by the South, by the John Birch Society, by the religious right, by millions of people who considered themselves "conservative". (I was never one of them) But now- by and large - most of us have come around to accept the way things are.
However laudable the changes have been there is a troubling aspect to the way in which they came to be. Huge societal changes were imposed by decree upon the American people without any public participation. By the stoke of a pen agreed upon by nine elderly men one quarter of our nation was enfranchised, given rights they had never had had before and three fourths of the nation was ordered under penalty of imprisonment to accept them as equals. This was judicial legislation, pure and simple - judicial activism - freighted, to be sure, with the best of intentions, but nevertheless passed without a peep of citizen input.
But what about next time? What restraint is there on the reach of a supreme court Decision? Should there be any? Should we always assume that the nine men and women of the Court really have the best interests of the Country at heart and will avoid any action or decree which will imperil or society or our economy or our liberties? Or that they are not acting with self interest as opposed to the larger interest of the country?
I have two answers to this troubling question.
The short answer is that there is no type of restraint, short of a Constitutional Amendment of some sort, which could be imposed without having the "restrainer" - be it Congress or the Executive - subject to the same concern. Examples: Congress' Court Packing scheme of 1934; Andrew Jackson's defiance of the Court in 1835 ("Now they have acted; let them enforce it")
A longer answer is that popular democracy by its very nature must and does rely in the final analysis on the good sense of the people of the United States; and the people of the United States have almost always demonstrated good sense when faced with serious problems of an institutional or Constitutional nature. They are not going to devalue the Supreme Court as one of the three co-equal branches of government. Furthermore, each of the branches of our Government - The Legislative, Executive and Judicial - have tended to right themselves, to purge themselves either voluntarily or by public pressure over time, the one possible exception being Congress. So while one may cringe at the nonsense written by Mr. Justice Douglas, the Court is essential and this book convinces the reader of that fact and of the fact that Warren was a truly great man - one of our greatest.
Multi-faceted man June 25, 2008
1 out of 1 found this review helpful
I found this book in the bargain bin at the university bookstore last December and bought it for $4 (Canadian) as a holiday or end of term present for myself. I ended up finally reading it this past June, while on vacation. The book is a lengthy one and well-researched.
I ate this book up and have dog-eared a few sections (Brown case and some others) for teaching the Supreme Court sections of my American Politics courses. The book does so many things and I'll note a few: shed light on the multi-faceted politics of a liberal Republican prosecutor, California Governor, and Chief Justice of the Supreme Court.
The Warren Court really did help make the nation with decisions on so many important cases. I have a broader affinity for Warren after reading this book. The book also explored the relationship or lack thereof between Warren and Nixon. The book's coverage of Nixon was honest and unfavorable, which was insightful to read about the sparring between the two men.
This book is great for anyone interested in the law, California history, Supreme Court history, or American Politics. The book's tone is written for a learned lay audience or an academic one examining the history or psychology of the Court and decision-making.
Great Political Biography May 25, 2008
1 out of 1 found this review helpful
This is a remarkable book of Earl Warren, Chief Justice of the Supreme Court in the 1950s and 1960s. The author does a superb job describing both the personal feelings and professional dealings of one of the US's most notable (or notorious, depending on your perspective) activist judges. Few these days remembers him as the Republican governor of California and vice presidential candidate, and that era gets extensive treatment, laying out the roots of his judicial philosophy The book clearly presents the arguments of why Warren was such a success at judicial consensus building and therefore one of the most effective supreme court justices. Interestingly, the book also has one of the most rational descriptions of the Warren commission buried within its pages (explaining both the strengths and weaknesses of their process) and does not try to hide the warts of the man. This book is a fantastic learning opportunity.
A Great Man Regardless of Your Politics February 16, 2008
1 out of 1 found this review helpful
I grew up in a neighborhood and a time when "Impeach Earl Warren" signs were common. As an engaged teenager I closely followed the changing legal landscape of the late fifties and early sixties as the Warren Court rearranged the legal landscape and with it the social order of our nation in the areas of civil rights, criminal justice, freedom of speech, privacy and the role of religion in public schools. Even today as a practicing attorney I admit to strong philosophical disagreements with some of the Warren Court decisions. Having said that, Jim Newton has produced a masterpiece in his book "Justice for All."
First, this book is a marvelous biography of one of the most notorious men of the 20th century. From humble beginnings in the dusty backwater of a turn of the century Bakersfield, California to Chief Justice of perhaps the most influential court in the world, Earl Warren's story is compelling. In addition you are treated to a wonderful and readable history of California politics in the first half of the 20th Century, a time of unparalleled opportunity, growth and change in the Golden State. That alone is worth the read.
Nevertheless, the real gold nuggets of this book lie in its recounting of the internal politics of decision making within the court, as Chief Justice Earl Warren, guided not so much by legal principle but by what he perceived to be the "right thing to do", rewrote and redefined some of the most important constitutional issues of our time. While such a disclosure, poorly written might leaden the eyelids of all but the most inspired, Newton masters this task by writing a clear and easily understood layman's explanation of the facts, the legal and social issues and the courts resolution. I found myself excited, engaged and highly entertained by Newton's easily understandable prose. I was in a sense a fly on the wall as some of the most important legal decisions of the 20th century unfolded before my eyes.
Warren is not portrayed as a flawless Deity (he after all recommended and supported the forced incarceration of Japanese American's in WW II) but rather as a multi-faceted personality whose core belief was in using the power of government to do good for the common man and whose political and legal judgment evolved to blend with and sometimes challenge the social and legal fabric of our nation.
I was amazed to learn of his post Miranda concern (fueled by a very real and I would say predictable jump in crime in America after Miranda) that perhaps the court had gone too far in defining the relationship between those who would do harm and those who are ultimately charged with our protection. Thus while the basic concept of Miranda is appropriate and now fully integrated into the fabric of our legal system, later Supreme courts thankfully have more clearly defined the boundaries under which we balance the rights of the accused and the right of our citizens to be free from the terror of criminal activity.
OK enough politics, after reading this book, I am wiser, far better informed and far more sympathetic to a man so many have reviled as the father of judicial activism. Such a label in the absence of context does a huge disservice to this huge man and his historical significance. This book provides a context and insight that far surpassed my expectations. Regardless of your politics or your view of judicial activism, this is a truly enlightening book worthy of your time.
Great Learning Opportunity February 1, 2008
2 out of 2 found this review helpful
I rarely give a 5-star review on a book. This one gets one for a stack of reasons.
When I finish a biography, I ask myself if I feel like I know the person. I feel I know Warren.
Another reason to like this book, it makes no bones about Warren's bad decisions, his support of the uprooting of Japanese in California in 1941. The author is not shy about criticizing Earl Warren.
Finally, I am a layman. It is a tough task to explain complex legal decisions to a non-lawyer. But Newton does it quite well.
One other thought: After all the learning I did by reading this book, it makes me quite critical of any and all the "teachers" I had in government and American History. They could not teach a politician to steal.
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