On This Day

Earl Warren

Chief justice of the United States from 1953 to 1969

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Earl Warren (March 19, 1891 – July 9, 1974) was an American attorney and politician who served as the 14th chief justice of the United States from 1953 to 1969 and as the 30th governor of California from 1943 to 1953. The Warren Court presided over a major shift in American constitutional jurisprudence, which has been recognized by many as a "constitutional revolution" in the liberal direction, with Warren writing the majority opinions in landmark cases such as Brown v. Board of Education (1954), Reynolds v. Sims (1964), Miranda v. Arizona (1966), and Loving v. Virginia (1967). Warren also led the Warren Commission, a presidential commission that investigated the 1963 assassination of President John F. Kennedy. Warren is the most recent chief justice to have served in a statewide elected office before nomination to the Supreme Court and is generally considered to be one of the most influential Supreme Court justices and political leaders in the history of the United States.

Warren was born in 1891 in Los Angeles and was raised in Bakersfield, California. After graduating from the University of California, Berkeley School of Law, he began a legal career in Oakland. He was hired as a deputy district attorney for Alameda County in 1920 and was appointed district attorney in 1925. He emerged as a leader of the state Republican Party and was elected as the attorney general of California in 1938. In that position he supported and was a firm proponent of the forced removal and internment of over 100,000 Japanese Americans during World War II. In the 1942 California gubernatorial election, Warren defeated incumbent Democratic governor Culbert Olson. As governor, Warren presided over a period of major growth for the state as well as the nation. Serving from 1943 to 1953, Warren is the only governor of California to be elected for three consecutive terms.

Warren was Thomas E. Dewey's running mate in the 1948 presidential election, but the ticket lost the election to incumbent president Harry S. Truman and Senator Alben W. Barkley in an election upset. Warren sought the Republican nomination in the 1952 presidential election, but the party nominated Dwight D. Eisenhower. After Eisenhower won election as president, he appointed Warren as chief justice. A series of rulings made by the Warren Court in the 1950s helped lead to the decline of McCarthyism. Warren helped arrange a unanimous decision in Brown v. Board of Education (1954), which ruled that racial segregation in public schools was unconstitutional. After Brown, the Warren Court continued to issue rulings that helped bring an end to the segregationist Jim Crow laws that were prevalent throughout the Southern United States. In Heart of Atlanta Motel, Inc. v. United States (1964), the Court upheld the Civil Rights Act of 1964, a federal law that prohibits racial segregation in public institutions and public accommodations.

In the 1960s, the Warren Court handed down several landmark rulings that significantly transformed criminal procedure, redistricting, and other areas of the law. Many of the Court's decisions incorporated the Bill of Rights, making the protections of the Bill of Rights apply to state and local governments. Gideon v. Wainwright (1963) established a criminal defendant's right to an attorney in felony cases, and Miranda v. Arizona (1966) required police officers to give what became known as the Miranda warning to suspects taken into police custody that advises them of their constitutional protections. Reynolds v. Sims (1964) established that all state legislative districts must be of roughly equal population size, while the Court's holding in Wesberry v. Sanders (1964) required equal populations for congressional districts, thus achieving "one man, one vote" in the United States. Schmerber v. California (1966) established that forced extraction of a blood sample is not compelled testimony, illuminating the limits on the protections of the Fourth and Fifth Amendments. Warden v. Hayden (1967) dramatically expanded the rights of police to seize evidence with a search warrant, reversing the mere evidence rule. Griswold v. Connecticut (1965) established a constitutional right to privacy and struck down a state law that restricted access to contraceptives. Loving v. Virginia (1967) struck down state anti-miscegenation laws, which had banned or otherwise regulated interracial marriage.

Warren announced his retirement in 1968 and was succeeded by Warren E. Burger in 1969. The Warren Court's rulings have received both support and criticism from liberals and conservatives alike, and few of the Court's decisions have been overturned.

Early life, family, and education

Warren was born in Los Angeles, California, on March 19, 1891, to Matt Warren and his wife, Crystal. Matt, whose original family name was Vaare, was born in Stavanger, Norway, in 1864, and he and his family migrated to the United States in 1866. Crystal, whose maiden name was Hernlund, was born in Hälsingland, Sweden; she and her family migrated to the United States when she was an infant. Both parents hence were subjects of Sweden-Norway, at the time in a union. After marrying in Minneapolis, Minnesota, Mathias and Crystal settled in Southern California in 1889, where Matthias found work with the Southern Pacific Railroad. Earl Warren was the second of two children, after his older sister, Ethel. Earl did not receive a middle name; his father later commented that "when you were born I was too poor to give you a middle name." In 1896, the family resettled in Bakersfield, California, where Warren grew up. Though not an exceptional student, Warren graduated from Kern County High School in 1908.

Hoping to become a trial lawyer, Warren enrolled in the University of California, Berkeley, after graduating from high school. He majored in political science and became a member of the Sigma Phi Society. Like many other students at Berkeley, Warren was influenced by the progressive movement, and he was especially affected by Governor Hiram Johnson of California and Senator Robert M. La Follette of Wisconsin. While at Berkeley, Warren was little more than an average student who earned decent but undistinguished grades and after his third year, he entered the school's Department of Jurisprudence (now UC Berkeley School of Law). He received a Bachelor of Laws degree in 1914. Like his classmates upon graduation, Warren was admitted to the California bar without examination. After graduation, he took a position with the Associated Oil Company in San Francisco. Warren disliked working at the company and was disgusted by the corruption he saw in San Francisco, so he took a position with the Oakland law firm of Robinson and Robinson.

After the United States entered World War I in April 1917, Warren volunteered for an officer training camp, but was rejected due to hemorrhoids. Still hoping to become an officer, Warren underwent a procedure to remove the hemorrhoids, but by the time he fully recovered from the operation the officer training camp had closed. Warren enlisted in the United States Army as a private in August 1917, and was assigned to Company I of the 91st Division's 363rd Infantry Regiment at Camp Lewis, Washington. He was made acting first sergeant of the company before being sent to a three-month officer training course. After he returned to the company in May 1918 as a second lieutenant, the regiment was sent to Camp Lee, Virginia, to train draftees. Warren spent the rest of the war there and was discharged less than a month after Armistice Day, following a promotion to first lieutenant. Warren remained in the United States Army Reserve until 1934, rising to the rank of captain.

In late 1918, Warren returned to Oakland, where he accepted a position as the legislative assistant to Leon E. Gray, a newly elected member of the California State Assembly. Shortly after arriving in the state capital of Sacramento, Warren was appointed as the clerk of the Assembly Judiciary Committee. After a brief stint as a deputy city attorney for Oakland, in 1920 Warren was hired as a deputy district attorney for Alameda County. By the end of 1924, Warren had become the most senior person in the department outside of the district attorney, Ezra Decoto. Though many of his professional colleagues supported Calvin Coolidge, Warren cast his vote for Progressive Party candidate Robert La Follette in the 1924 presidential election. That same year, Warren made his first foray into electoral politics, serving as the campaign manager for his friend, Republican Assemblyman Frank Anderson.

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