William Brennan - United States Jurist

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Brian P. Smentkowski
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Associate Professor of Political Science, Queens University of Charlotte. Coauthor of Misreading the Bill of Rights.

William Brennan, in full William Joseph Brennan, Jr., (born April 25, 1906, Newark, N.J., U.S.—died July 24, 1997, Arlington, Va.), associate justice of the Supreme Court of the United States (1956–90).

Brennan was the son of William Joseph Brennan, an Irish immigrant who was a brewery worker and union organizer, and Agnes McDermott Brennan. He graduated from the University of Pennsylvania in 1928 and then studied law under Felix Frankfurter at Harvard University, where he received a law degree in 1931. After graduation, he joined a Newark, N.J., law firm and specialized in labour law. His practice was interrupted by service in the U.S. Army during World War II, in which he rose to the rank of colonel, but after the war he returned to Newark to practice law. In 1949 Brennan was appointed to the newly created New Jersey Superior Court by Gov. Alfred E. Driscoll, and the following year he was named to the appellate division. In 1952 he was elevated to the state Supreme Court. Brennan’s service on the state bench was marked by his administrative skill in speeding litigation and clearing a calendar severely in arrears. Despite being a Democrat, Brennan was appointed to the U.S. Supreme Court by Republican Pres. Dwight D. Eisenhower in October 1956. A recess appointment, he was formally nominated to the Supreme Court in January 1957 and was confirmed by the U.S. Senate by voice vote on March 19.

A liberal constructionist and articulate defender of the Bill of Rights, Brennan was nonetheless able to secure general consensus among several of the justices by tailoring constitutional issues to precise questions and, when possible, to specific elements of constitutional text. Despite these efforts, he is regarded as a leading liberal and broad-themed interpretivist—a justice unusually willing to acknowledge that “we current justices read the Constitution in the only way that we can: as 20th-century Americans.” He is perhaps best remembered for his role in a series of obscenity cases, beginning with Roth v. United States (1957), many of which broadened the protection accorded to publishers but which also showed an attempt to balance individual freedoms with the interests of the community. In New York Times Co. v. Sullivan (1964), Brennan created the “right to be wrong”—the speech and press rule stipulating that even false statements about public officials should be entitled to protection under the First and Fourteenth Amendments of the Constitution of the United States unless “actual malice” could be demonstrated.

Brennan was a strong believer in the importance of an independent judiciary and of the impact of procedure upon substantive rights. These concerns informed his opinions in the loyalty oath cases; in his dissent in State v. Tune (1953), in which the defendant was denied a copy of the confession; and in Jencks v. United States (1957), in which Brennan gave the court’s opinion, establishing a defendant’s right to examine the reports of government witnesses. In his dissents in Ker v. California and Lopez v. United States (both 1963), Brennan argued for the right to privacy as implicit in the Fourth Amendment (which prohibits unlawful search and seizure). His decision for the court in Baker v. Carr (1962), which established the principle of “one person, one vote,” provided the grounds for national legislative redistricting.

After suffering a stroke, Brennan retired from the court in 1990. In 1993 he received the Presidential Medal of Freedom, the country’s highest civilian honour. In more than three decades on the Supreme Court, Brennan wrote more than 1,300 opinions, including 461 majority opinions. Many Supreme Court analysts consider Brennan’s decisions among the most influential in the modern history of the Supreme Court. In addition to working for the redefinition of obscenity and libel, expansion of individual rights, and reapportionment of political boundaries, he opposed capital punishment and supported abortion rights, affirmative action, and school desegregation (see racial segregation).

Brennan was buried in Arlington National Cemetery, where he rests next to his first and second wives (respectively, Marjorie Leonard Brennan [died 1982] and Mary Fowler Brennan [died 2000]).

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