Justice Brennan, Liberal Champion

The Book of the Week is “Justice Brennan, Liberal Champion” by Seth Stern and Stephen Wermiel, published in 2010. As can be surmised from the title, this book is about Supreme Court Justice William Brennan’s life and liberalism.

When Brennan was first appointed by President Dwight Eisenhower in the mid 1950’s, the United States Supreme Court was ruling on cases dealing with integration, Communism and censorship of pornography. “Brennan and his allies on the Court were being attacked by the mid 1960’s for encouraging racial mixing, coddling Communists and trying to drive God out of public life.”

The Court turned very conservative after Richard Nixon was elected president. Conservative politicians secretly investigated liberals for any conflicts of interest, or worse sins, to force the liberal justices off the Court. Brennan quit all teaching and lecturing to eliminate all of his own conflicts of interest and divested himself of real estate interests and stock. No other liberal justices took such precautions.

Although principled, legally obedient and even supportive of several women’s rights issues, ironically, Brennan refused to hire females as clerks in his own chambers. It was only after an aide wrote to him in strong language in the early 1970’s– that sooner or later, someone would sue a Supreme Court Justice alleging gender discrimination in clerk selection. Besides, Brennan would want his own daughter to be hired, if she were in a position to apply.

The Court stayed conservative for the rest of Brennan’s tenure. Read the book to learn the impact Brennan made on the Court nevertheless.