Earl Warren (March 19, 1891– July 9, 1974) was the
14th
Chief Justice of
the United States and is to date the only person elected
Governor of California three
times.
Prior to holding these positions, Warren
served as a district attorney for
Alameda County,
California
and Attorney
General of California.
His tenure as California governor and Chief Justice was marked by
extreme contrast. As governor of California, Warren was very
popular across party lines, so much so that in the
1946 gubernatorial
election he won the nominations of the Democratic, Progressive,
and Republican parties. His tenure as Chief Justice was as divisive
as his governorship was unifying.
Liberals generally
hailed the landmark rulings issued by the Warren Court which
affected, among other things, the legal status of racial segregation, civil rights, separation of church and
state, and police arrest procedure in the United States
. But
conservatives decried the
Court's rulings, particularly in areas affecting criminal
proceedings. In the years that followed, the
Warren Court became recognized as a high point
in the use of
judicial power in the effort
to effect social progress in the United States.
Warren himself became
widely regarded as one of the most influential Supreme
Court
justices in the history of the United States and
perhaps the single most important jurist of the 20th
century.
In
addition to the constitutional offices he held, Warren was also the
vice-presidential
nominee of the Republican Party in
1948, and
chaired the Warren Commission,
which was formed to investigate the 1963 assassination of
President John F. Kennedy
.
Warren was the last Chief Justice born in the
19th century.
Education, early career, and military service
Earl
Warren was born in Los
Angeles
, California
, to Methias H. Warren, a
Norwegian immigrant, and Crystal
Hernlund, a
Swedish immigrant.
Methias Warren was a longtime employee of the
Southern Pacific Railroad.
Earl grew
up in Bakersfield,
California
where he attended Washington Junior High and Kern
County High School (now called Bakersfield High School). It
was in Bakersfield that Warren's father was murdered during a
robbery by an unknown killer.
Warren went on to attend the University of
California, Berkeley
, both as an undergraduate (B.A. 1912) in Legal Studies and as a
law student at
Boalt Hall where he was a member of the
The Gun Club secret society. He earned his
LL.B. in 1914. While at Berkeley, Warren joined the
Sigma Phi Society, a
fraternal
organization with which he maintained lifelong ties. Warren was
admitted to
the California bar in 1914.
Warren
worked a year for the Associated Oil Co. in San Francisco
and then joined a private law firm in Oakland
named Robinson & Robinson. The younger
partner, Bestor Robinson, whose father became a
California Superior Court Justice,
was very active in the
Sierra Club and
conservationism and was an avid rock climber. In August 1917,
Warren enlisted in the
U.S.
Army for
World War I service.
Assigned to the
91st Division at
Camp
Lewis
, Washington
, 1st
Lieutenant Earl Warren was discharged in 1918. He served
as a clerk of the Judicial Committee for the 1919 Session of the
California State Assembly
(1919–1920), and as the deputy city attorney of Oakland (1920–25).
At this time Warren came to the attention of powerful Republican
Joseph R. Knowland, publisher of
The Oakland Tribune.
In 1925, Warren was
appointed district attorney of
Alameda
County
after the incumbent, Ezra Decoto, resigned to
become Railroad
Commissioner. Earl Warren was re-elected to three
four-year terms. Serving Alameda County as D.A. (1925–1939) as a
tough-on-crime district attorney
and reformer who
professionalized
the DA's office, Warren had a reputation for high-handedness;
however, none of his convictions were ever overturned on
appeal.
Family
Warren
married Swedish-born
widow Nina Elisabeth Palmquist on October 4, 1925
and had six children. Mrs. Warren died in Washington,
D.C.
at age 100 on April 24, 1993. Warren is the
father of Virginia Warren, who married veteran radio and television
newsman and host of
What's My
Line?, John Charles Daly,
on December 22, 1960. They had three children, two boys and a
girl.
Attorney General of California
Nominated by the
Democratic Party, the
Progressive
Party, and his own Republican Party, Warren was elected
Attorney General of the State of California in 1938. Once elected
he organized state
law enforcement
officials into regions and led a statewide anti-crime effort. One
of his major initiatives was to crack down on
gambling ships operating off the coast of
Southern California.
Following
the United States entry into World War
II after the Japanese
Attack on Pearl Harbor
, Warren organized the state's civilian defense
program. As Attorney General, Warren is most remembered for
his support of
Japanese
internment during the war, the compulsory removal of
Japanese Americans to
internment camps away from the
West Coast of the United
States. Throughout his lifetime, Warren maintained that this
seemed to be the right decision at the time. He did, however, admit
in his memoirs that it was a mistake.
Governor of California

Photo as Governor of California
Running as a Republican, Warren was elected Governor of California
on November 3, 1942, defeating Democratic incumbent
Culbert Olson. California law at the time
allowed individuals to run in any
primary election they chose; in 1946,
attesting to his wide popularity, Warren managed the singular feat
of winning the Republican, Democratic, and
Progressive primary
elections and thus ran virtually unopposed in the 1946 general
election. He was elected to a third term (as a Republican) in 1950.
He is the only governor of California to have been elected to three
terms of office.
As with his predecessor Olson, Warren's governorship was marked by
his support for the
internment of Japanese and
Americans of Japanese descent during World War II. It was also
marked by laying the
infrastructure
to support a two-decade boom that lasted from the end of World War
II until the mid-1960s. In particular, Warren and
University of California President
Robert Gordon Sproul presided
over construction of a large public university system that provided
education to two generations of
Californians.
In 1946 Warren appointed
William
F. Knowland to the
U.S. Senate. Democrats claimed it was
political payback, as Knowland’s father Joseph R. Knowland and his
newspaper The Oakland Tribune
supported the political career of Warren.
On June 14, 1947,
Governor Earl Warren signed a law repealing school segregation statutes in the
California
Education Code after the California Supreme Court
upheld a lower court ruling banning the practice of
school segregation [Mendez v. Westminster School District,
64 F.Supp. 544 (C.D. Cal. 1946), aff'd, 161 F.2d 774 (9th Cir.
1947) (en banc)]
Warren ran for
Vice
President of the United States in
1948 on a ticket
with
Thomas Dewey. They lost to
Harry Truman and
Alben Barkley.
U.S. Supreme Court

Earl Warren
Nomination and confirmation
In
1952,
Warren stood as a "
favorite son"
candidate of California for the Republican nomination for
President, but withdrew in support of Eisenhower. Warren was
reported to have offered to support Eisenhower's campaign in return
for an appointment to the Supreme Court at the first possible
opportunity. In 1953, Warren was appointed
Chief Justice of the United
States by
President Dwight D. Eisenhower, who wanted a conservative
justice and commented that "he represents the kind of political,
economic, and social thinking that I believe we need on the Supreme
Court.... He has a national name for integrity, uprightness, and
courage that, again, I believe we need on the Court". Warren
resigned from the governorship shortly afterwards, replaced by
Lieutenant
Governor Goodwin Knight.
Warren also provided crucial campaigning service to Eisenhower in
California after Vice Presidential candidate
Richard Nixon was weakened by controversy over
an alleged "
slush fund".
The Warren Court
Warren was a vastly more
liberal justice
than had been anticipated. Consequently, President Eisenhower is
said to have remarked that nominating Warren for the Chief Justice
seat was "the biggest damned-fool mistake I ever made." Warren was
able to craft a long series of landmark decisions including:
- Brown v.
Board of
Education , which banned the segregation of public schools;
- the "one man, one
vote" cases of 1962–1964, which dramatically altered the
relative power of rural regions in many states;
- Gideon v.
Wainwright, , which
held that the Sixth
Amendment required that all indigent criminal defendants
receive publicly-funded counsel. The law to that point requiring
the assignment of free counsel only to indigent defendants in
capital cases;
- Miranda v.
Arizona, , which
required that certain rights of a person interrogated while in
police custody be clearly explained, including the right to an
attorney (often
called the "Miranda warning").
- Loving v.
Virginia, {388 U.S. 1}
(1967), which overturned the Racial Integrity Act of 1924, which
had banned inter-racial marriage in the Commonwealth of
Virginia.
After the assassination of
Robert
Kennedy in 1968, Warren announced that due to his advanced age,
he would retire from the Court, "effective at [Johnson's]
pleasure." Johnson wrote back that he would accept Warren's
resignation upon finding a "qualified" successor. This prompted
Senator
Sam Ervin to ask whether Warren
even planned to leave if a liberal justice was not confirmed as his
replacement, and
The Washington
Post said that Warren should release a more definitive
letter of resignation.
Although Warren denied it, this was seen by
observers as a preemptive move by Warren to keep Richard Nixon from
naming his successor; he believed Nixon would win the presidency
after Kennedy's death
. Warren and Nixon had a tense relationship
after Warren declined to endorse Nixon during his first campaign
for Congress in 1946. This tension gave way to animosity starting
in
1952 at the
Republican Convention, where Warren was a candidate; Warren
believed Nixon undermined his nomination.
President
Lyndon B. Johnson nominated
Associate
Justice Abe Fortas to succeed Warren,
but after his
confirmation
hearing went badly, Fortas withdrew. As a result, Warren was
forced to stay on as Chief Justice. Both he and Fortas returned to
the court for the 1969 session as a result. Warren swore in Nixon
as President. Nixon then nominated
Warren E. Burger - a man Warren did not hold in high
regard - to replace Earl Warren as Chief Justice.
"To conservatives, the Warren Court converted constitutional law
into ordinary politics," according to Mark Tushnet in
Constitutional Interpretation, Character and Experience.
"The Warren Court justices saw their service on the Supreme Court
as just another job on the national political scene."
Warren Commission
At the direct request of President Lyndon B. Johnson, Warren headed
what became known as the Warren Commission to investigate the
assassination of President John F. Kennedy. The Commission
eventually concluded that the assassination was the result of a
single individual,
Lee Harvey
Oswald, acting alone. The Commission's findings have long been
controversial.
Legacy
Earl Warren had a profound impact on the Supreme Court and United
States of America. As Chief Justice, his term of office was marked
by numerous rulings on civil rights, separation of church and
state, and police arrest procedure in the United States.
His critics found him a boring person. "Although Warren was an
important and courageous figure and although he inspired passionate
devotion among his followers...he was a dull man and a dull judge,"
wrote Dennis J. Hutchinson.

The first Impeach Earl Warren sign,
posted in San Francisco in October of 1958
Warren retired from the Supreme Court in 1969. He was
affectionately known by many as the "Superchief", although he
became a lightning rod for controversy among
conservatives: signs declaring "
Impeach Earl Warren" could be seen around the
country throughout the 1960s. The unsuccessful impeachment drive
was a major focus of the
John Birch
Society.
As Chief Justice, he swore in Presidents Eisenhower (in 1957),
Kennedy (in 1961), Johnson (in 1965) and Nixon (in 1969).
Death
Five and a half years after his retirement, Warren died in
Washington, D.C., on July 9, 1974.
His funeral was held at Washington
National Cathedral
and his body was buried at Arlington
National Cemetery
.
Honors
On December 5, 2007, California Governor
Arnold Schwarzenegger and First Lady
Maria Shriver inducted Warren into the
California Hall of Fame,
located at
The
California Museum for History, Women and the Arts.The
Earl Warren Bill of Rights
Project is named in his honor. He was awarded the
Presidential Medal of Freedom
posthumously in 1981.
An extensive collection of Warren's papers,
including case files from his Supreme Court service, is located at
the Manuscript Division of the Library of Congress
in Washington, D.C. Most of the collection
is open for research.
Various things are named in his honor.
In 1977, Fourth
College, one of the six undergraduate colleges at the
University of California, San
Diego
, was renamed Earl Warren College
in his honor. The California State
Building in San Francisco, a middle school in Solana
Beach, California
, a middle school in his home town of Bakersfield,
California, high schools in San Antonio, Texas
(Earl Warren
High School) and Downey, California
, and a building at the high school he attended
(Bakersfield High School) are named for him, as are the showgrounds
in Santa
Barbara, California
. The
freeway portion
of
State Route 13 in
Alameda County is the Warren Freeway.
Electoral history
|
Earl Warren electoral history |
California Republican presidential primary, 1936:
- Earl Warren – 350,917 (57.43%)
- Alf Landon – 260,170
(42.58%)
1936
Republican presidential primaries:
Republican primary for Governor of California,
1942:
Democratic primary for Governor of California,
1942:
California gubernatorial
election, 1942:
- Earl Warren (R) – 1,275,237 (57.07%)
- Culbert Olson (D) (inc.) –
932,995 (41.75%)
California Republican presidential primary, 1944
- Earl Warren – 594,439 (100.00%)
1944
Republican presidential primaries:
- Douglas MacArthur –
662,127 (28.94%)
- Earl Warren – 594,439 (25.99%)
- John W. Bricker – 366,444 (16.02%)
- Thomas E. Dewey – 278,727 (12.18%)
- W. Chapman Revercomb – 91,602
(4.00%)
- Unpledged – 87,834 (3.84%)
- Harold Stassen – 67,508
(2.95%)
- Riley A. Bender – 37,575 (1.64%)
- Charles A. Christopherson – 33,497
(1.46%)
- Wendell Willkie – 27,097
(1.19%)
Republican primary for Governor of California,
1946:
- Earl Warren (inc.) – 774,302 (91.10%)
- Robert W. Kenny – 70,331 (8.27%)
Democratic primary for Governor of California,
1946]:
- Earl Warren (inc.) – 593,180 (51.93%)
- Robert W. Kenny – 530,968 (46.49%)
California gubernatorial
election, 1946:
1948
Republican presidential primaries:
- Earl Warren – 771,295 (26.99%)
- Harold Stassen – 627,321
(21.96%)
- Robert Taft – 464,741
(16.27%)
- Thomas E. Dewey – 330,799 (11.58%)
- Riley A. Bender – 324,029 (11.34%)
- Douglas MacArthur –
87,839 (3.07%)
- Leverett Saltonstall –
72,191 (2.53%)
- Herbert E. Hitchcock – 45,463 (1.59%)
- Edward Martin – 45,072
(1.58%)
- Unpledged – 28,854 (1.01%)
- Arthur H. Vandenberg – 18,924 (0.66%)
- Dwight D. Eisenhower – 5,014 (0.18%)
- Harry S. Truman – 4,907 (0.17%)
- Henry A. Wallace – 1,452 (0.05%)
- Joseph William Martin,
Jr. – 974 (0.03%)
- Alfred E. Driscoll – 44 (0.00%)
- Others – 5,939 (0.21%)
1948
Republican National Convention (Presidential tally)
1948
Republican National Convention (Vice Presidential
tally):
- Earl Warren – 1,094 (100.00%)
United
States presidential election, 1948
California gubernatorial
election, 1950:
- Earl Warren (R) (inc.) – 2,461,754 (64.85%)
- James Roosevelt (D) –
1,333,856 (35.14%)
1952
Republican presidential primaries:
- Robert Taft – 2,794,736
(35.84%)
- Dwight D. Eisenhower – 2,050,708
(26.30%)
- Earl Warren – 1,349,036 (17.30%)
- Harold Stassen – 881,702
(11.31%)
- Thomas H. Werdel – 521,110 (6.68%)
- George T. Mickelson – 63,879 (0.82%)
- Douglas MacArthur –
44,209 (0.57%)
- Grant A. Ritter – 26,208 (0.34%)
- Edward C. Slettedahl – 22,712 (0.29%)
- Riley A. Bender – 22,321 (0.29%)
- Mary E. Kenny – 10,411 (0.13%)
- Wayne Morse – 7,105
(0.09%)
- Perry J. Stearns – 2,925 (0.04%)
- William R. Schneider – 580 (0.01%)
1952
Republican National Convention (1st ballot)
1952
Republican National Convention (2nd ballot)
|
|
Footnotes
See also
Further reading
- Abraham, Henry J., Justices and Presidents: A Political
History of Appointments to the Supreme Court. 3d. ed.
(New York: Oxford University Press, 1992). ISBN 0-19-506557-3.
- Belknap, Michael R. The Supreme Court under Earl Warren,
1953–1969 (Columbia, SC: University of South Carolina Press,
2005) ISBN 1570035636
- Conmy, Peter T. (1961) The Beginnings of Oakland
California
- Cray, Ed. Chief Justice: A Biography of Earl Warren
(New York: Simon & Schuster. ISBN 0684808529.
- Cushman, Clare, The Supreme Court Justices: Illustrated
Biographies,1789-1995 (2nd ed.) (Supreme Court Historical
Society), (Congressional Quarterly Books, 2001) ISBN 1568021267;
ISBN 9781568021263.
- Frank, John P., The Justices of the United States Supreme
Court: Their Lives and Major Opinions (Leon Friedman and Fred
L. Israel, editors) (Chelsea House Publishers, 1995) ISBN
0791013774, ISBN 978-0791013779.
- Hall, Kermit L., ed. The Oxford Companion to the Supreme
Court of the United States. New York: Oxford University Press,
1992. ISBN 0195058356; ISBN 9780195058352.
- Martin, Fenton S. and Goehlert, Robert U., The U.S.
Supreme Court: A Bibliography, (Congressional Quarterly
Books, 1990). ISBN 0871875543.
- Melendy, H. Brett and Benjamin F. Gilbert The Governors of
California: Peter H. Burnett to Edmund G.
Brown (Georgetown, CA: Talisman Press, 1965)
- Newton, Jim. Justice for All: Earl Warren and the Nation He
Made (Riverhead Hardcover, 2006) ISBN 1594489289
- Orvis, Nathaniel O. (2008) "A History Project"
- Powe, Lucas A., Jr. The Warren Court and American
politics (Cambridge, MA: Belknap Press of Harvard University
Press, 2000) ISBN 0674000951
- Schwartz, Bernard. Super Chief: Earl Warren and his Supreme
Court (New York: New York University Press, 1983) ISBN
0814778259
- Urofsky, Melvin I., The Supreme Court Justices: A
Biographical Dictionary (New York: Garland Publishing 1994).
590 pp. ISBN 0815311761; ISBN 978-0815311768.
- Warren, Earl. The Memoirs of Earl Warren (Garden City,
NY: Doubleday, 1977) ISBN 0385128351
- White, G. Edward. Earl Warren, a public life (New
York: Oxford University Press, 1982) ISBN 0195031210
- Woodward, Robert and Armstrong, Scott. The Brethren: Inside the Supreme
Court (1979). ISBN 9780380521838; ISBN 0380521830. ISBN
9780671241100; ISBN 0671241109; ISBN 0743274024; ISBN
9780743274029.
External links