Earl Warren and the American Judicial Tradition

Abstract

In October 1970, one year after he retired as Chief Justice of the United States, Earl Warren came to the University of California, San Diego, to deliver the dedication address at John Muir College. As one of his faculty hosts for the day, I have a vivid set of recollections about the event. Despite my best efforts to engage him in conversation about the Burger Court, then in the process of cutting back on many constitutional rights established during his tenure, Warren politely refused to be drawn into discussion about legal matters. Nor was he much interested in visiting the university's library or classrooms. His attention finally became riveted upon a vigorous touch football game. When the ball squirted out of bounds near his feet the Chief Justice picked it up and arched a perfect spiral back into the hands of a sweaty undergraduate, who probably never realized that he had just received a pass from one of his country's most celebrated jurists. Later in the afternoon, a huge crowd of students, faculty, and San Diegans packed the quadrangle of John Muir College to hear Warren's talk. As he rose to speak, several students unfurled a large banner from a nearby balcony. A hush fell over the throng, most of whom expected the worst in student graffiti, perhaps F k the Chief Justice. Our campus and hundreds of others across the nation had been rocked by student strikes in April when President Nixon launched the invasion of Cambodia. At Kent State and Jackson State, national guardsmen and state troopers had gunned down protestors. Earl Warren, former Chief Justice of the United States, represented the establishment. But instead of an expletive, the banner read, Right on, Big Earl! The crowd roared its approval. Warren flashed a broad grin and proceeded to deliver a scathing attack on those who believed the country could have law and order without social justice.