U.S. Supreme Court justice from 1956 to 1990
William Joseph Brennan Jr. (April 25, 1906 – July 24, 1997) was an American lawyer and jurist who served as an Associate Justice of the Supreme Court of the United States from 1956 to 1990. He was the seventh-longest serving justice in Supreme Court history, and was known for being a leader of the Court's liberal wing.
Born in Newark to Irish immigrant parents, Brennan studied economics at the University of Pennsylvania and then attended Harvard Law School. He entered private legal practice in New Jersey and served in the U.S. Army during World War II. He was appointed in 1951 to the Supreme Court of New Jersey. Shortly before the 1956 presidential election, President Dwight D. Eisenhower used a recess appointment to place Brennan on the Supreme Court. Brennan won Senate confirmation the following year. He remained on the Court until his retirement in 1990, and was succeeded by David Souter.
On the Supreme Court, Brennan was known for his outspoken progressive views, including opposition to the death penalty as he dissented in more than 1,400 cases in which the Supreme Court refused to review a death sentence, and support for abortion rights and gay rights. He authored numerous landmark case opinions, including: "Baker v. Carr" (1962), establishing that the apportionment of legislative districts is a justiciable issue; "New York Times Co. v. Sullivan" (1964), which required "actual malice" in libel suits brought by public officials; "Eisenstadt v. Baird" (1972), which established a legal right to contraception for unmarried people and helped solidify the sexual revolution; and "Craig v. Boren" (1976) which established that laws which discriminate on the basis of sex are subject to heightened scrutiny under the Equal Protection Clause.
Due to his ability to shape a wide variety of opinions and bargain for votes in many cases, he was considered to be among the Court's most influential members. Justice Antonin Scalia called Brennan "probably the most influential Justice of the [20th] century."
Early life and education.
William J. Brennan Jr. was born on April 25, 1906, in Newark, New Jersey, the second of eight children. Both his parents, William and Agnes (McDermott) Brennan, were Irish immigrants. They met in the United States, although both were originally from County Roscommon in Ireland. William Brennan Sr. had little education and worked as a metal polisher, but rose to a position of leadership, serving as the Commissioner of Public Safety for the city of Newark from 1927 to 1930.
Brennan attended public schools in Newark, and graduated from Barringer High School in 1924. He then attended the Wharton School of the University of Pennsylvania, where he graduated "cum laude" with a degree in economics in 1928. While there, he joined Delta Tau Delta fraternity. Brennan graduated from Harvard Law School near the top of his class in 1931 and was a member of the Harvard Legal Aid Bureau.
When he was 21, Brennan married Marjorie Leonard, whom he had met in high school. They eventually had three children: William III, Nancy, and Hugh.
Early legal career and military service.
After graduating from Harvard Law School, Brennan entered private practice in his home state of New Jersey, where he practiced labor law at the firm of Pitney Hardin (which would later become Day Pitney). During World War II, Brennan was commissioned in the Army as a major in March 1942, and left as a colonel in 1946. He did legal work for the ordnance division and earned the Legion of Merit Award. In early 1946, he served as a staff member of the United States Undersecretary of War. Later that year, he returned to Pitney Hardin and continued his practice for the next three years. His partners added his name to the firm shortly after his return.
In 1949, Brennan was appointed to the Superior Court (a trial court) by Governor of New Jersey Alfred E. Driscoll. In 1951, Driscoll appointed him to the Supreme Court of New Jersey.
Supreme Court.
Supreme Court appointment.
Brennan was given a recess appointment as an associate justice of the United States Supreme Court by President Dwight D. Eisenhower on October 15, 1956, shortly before the 1956 presidential election, and was sworn into office the following day. The president's advisers thought the appointment of a Roman Catholic Democrat from the Northeast would woo critical voters in the upcoming re-election campaign for Eisenhower, a Republican. Cardinal Francis Spellman had asked Eisenhower to appoint a Catholic to the court. Brennan was one of two candidates who met Eisenhower's three criteria: experience on lower courts; relative youth and good health; and a Catholic.
Brennan gained the attention of Herbert Brownell, United States Attorney General and Eisenhower's chief legal affairs adviser, when Brennan had to give a speech at a conference (as a substitute for New Jersey Supreme Court Chief Justice Arthur Vanderbilt). To Brownell, Brennan's speech seemed to suggest a marked conservatism, especially on criminal matters.
His nomination, formally submitted to the Senate Judiciary Committee on January 14, 1957, faced a small amount of controversy from two angles. The National Liberal League opposed the nomination of a Catholic, thinking he would rely on his religious beliefs rather than the Constitution when ruling, and Senator Joseph McCarthy had read transcripts of Brennan's speech where he decried overzealous anti-Communist investigations as "witch-hunts." After a confirmation hearing in which Brennan defended himself against McCarthy's attacks and proclaimed that he would rule solely on the basis of the Constitution and not on Church law, he was confirmed by a near-unanimous vote, with only Senator McCarthy voting against him.
Other factors playing into Brennan's appointment were his status as a state court judge – no state judge had been appointed to the High Court since Benjamin N. Cardozo in 1932 – and Eisenhower's desire to appear bipartisan after his appointments of two Republicans: Earl Warren (former Governor of California) and John Marshall Harlan II.
Brennan filled the seat vacated by Justice Sherman Minton. He held the post until his retirement on July 20, 1990, for health reasons; he was succeeded on the Court by Justice David Souter. He was the last federal judge in active service to have been appointed to his position by President Eisenhower. Brennan then taught at Georgetown University Law Center until 1994. With 1,360 opinions, he is second only to William O. Douglas in number of opinions written while a Supreme Court justice.
Warren Court.
An outspoken liberal throughout his career, he played a leading role in the Warren Court's expansion of individual rights. Brennan played a behind-the-scenes role during the Warren Court, coaxing more conservative colleagues to join the Court's decisions. Brennan's opinions with respect to voting ("Baker v. Carr"), criminal proceedings ("Malloy v. Hogan"), the free speech and establishment clauses of the First Amendment ("Roth v. United States"), and civil rights ("Green v. County School Board of New Kent County") were some of the most important opinions of the Warren Era. Brennan's role in expanding free speech rights under the First Amendment is particularly notable, as he wrote the Court's opinion in 1964's "New York Times Co. v. Sullivan", which created constitutional restrictions on the law of libel. It was Brennan who coined the phrase "chilling effect", in 1965's "Dombrowski v. Pfister". His close friendship with Chief Justice Warren, who frequently assigned Brennan the task of writing the majority opinion, led to the other justices nicknaming him the "deputy Chief".
In the 1962–1963 term, one of Brennan's law clerks was Richard A. Posner, who later became a founder of the field of Law and Economics and one of the most influential legal scholars in the United States.
Burger and Rehnquist Courts.
On the less liberal Burger Court, Brennan was a staunch opponent of the death penalty and a supporter of abortion rights and joined the majority in landmark rulings on both issues ("Furman v. Georgia" (1972) on the death penalty and "Roe v. Wade" (1973) on abortion). With the departure of moderate Potter Stewart in 1981, the ascension of the most conservative member of the court, William Rehnquist, to the position of Chief Justice, following the retirement of Warren Burger, Brennan found himself more frequently isolated. At times, his opinions would be joined only by Thurgood Marshall since, by 1975, they were the last remaining liberals of the Warren Court. That like-mindedness led to both Brennan and Marshall's clerks referring to them as "Justice Brennan-Marshall" in the face of the court's heavy conservative opposition to the two. Brennan declared in "Furman" that he believed the death penalty violated the Eighth Amendment's prohibition on "cruel and unusual" punishment, and for his remaining years on the bench, he and Marshall dissented from every case upholding the imposition of the death penalty. He was able to convince no other justice of this view, but Justice Harry Blackmun would eventually agree in 1994, after Brennan's retirement.
Brennan authored three Supreme Court opinions holding that a plaintiff has a cause of action for money damages (compensatory and punitive) arising solely out of an alleged violation of the Bill of Rights. In "Bivens v. Six Unknown Named Agents", Brennan so held with respect to the Unreasonable Search and Seizure clause of the Fourth Amendment. In "Davis v. Passman", Brennan extended this rationale to the equal protection component of the Due Process Clause of the Fifth Amendment, in a suit for gender discrimination in employment against a former Congressman (Congressional staffers were explicitly excluded from Title VII of the Civil Rights Act). In "Carlson v. Green", Brennan extended this rationale again to the Cruel and Unusual Punishment clause of the Eighth Amendment, in a suit by the estate of a deceased federal prisoner (even though the plaintiff also had a cause of action under the Federal Tort Claims Act).
During the same period, Brennan began to adopt and promote a coherent and expansive vision of personal jurisdiction. He authored the sole dissent in "Helicopteros Nacionales de Colombia, S. A. v. Hall", defining minimum contacts very broadly for the purposes of general jurisdiction, and influential dissents and partial concurrences in "World-Wide Volkswagen Corp. v. Woodson" and "Asahi Metal Industry Co. v. Superior Court" on the subject of specific jurisdiction, holding to a simple "stream-of-commerce" analysis for product liability cases and emphasizing the role of fairness in the Court's analysis of the holding in "International Shoe Co. v. Washington". In "Burger King v. Rudzewicz", Brennan authored the majority opinion and extended his broad view of personal jurisdiction to areas of business contracts and franchising. The upshot of Brennan's analysis is an expansion of the jurisdiction of state courts, particularly over corporations; state courts are typically more sympathetic to small, weak plaintiffs than to large, powerful corporate defendants. In this process, he frequently clashed with Justice Scalia over this issue, and uncharacteristically dissented from Justice Marshall's majority opinion on the subject in "Shaffer v. Heitner".
In his penultimate and final terms on the Court, he wrote the controversial rulings for "Texas v. Johnson" and "United States v. Eichman", respectively. In both cases, the Court held that the First Amendment protects desecration of the United States flag.
Brennan's wife Marjorie died in December 1982. Slightly more than three months later, in March 1983 at age 76, he married Mary Fowler, who had served as his secretary for 26 years. Brennan's colleagues learned of his second marriage via a short office memo stating, "Mary Fowler and I were married yesterday and we have gone to Bermuda."
Judicial philosophy.
Brennan strongly believed in the Bill of Rights, arguing early on in his career that it should be applied to the states in addition to the federal government. He often took positions in favor of individual rights against the state, favoring criminal defendants, minorities, the poor, and other underrepresented groups. Furthermore, he generally shied away from the absolutist liberal positions of Justices Hugo Black and William O. Douglas, being very amenable to compromise in order to win a majority of Justices. Brennan's conservative detractors charged that he was a purveyor of judicial activism, accusing him of deciding outcomes before coming up with a legal rationale for them. At his retirement, Brennan said the case he thought was most important was "Goldberg v. Kelly", which ruled that a local, state or federal government could not terminate welfare payments to a person without a prior individual evidentiary hearing.
In the 1980s, as the Reagan administration and the Rehnquist Court threatened to "roll back" the