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Judicial Restraint in AmericaHow the Ageless Wisdom of the Federal Courts was Invented$
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Evan Tsen Lee

Print publication date: 2011

Print ISBN-13: 9780195340341

Published to Oxford Scholarship Online: January 2011

DOI: 10.1093/acprof:oso/9780195340341.001.0001

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Brennan, Civil Rights, and the “Personal Stake” Gambit

Brennan, Civil Rights, and the “Personal Stake” Gambit

(p.111) 6. Brennan, Civil Rights, and the “Personal Stake” Gambit
Judicial Restraint in America

Evan Tsen Lee

Oxford University Press

This chapter focuses on William Brennan. In Baker v. Carr, the landmark decision that opened the door to “one man, one vote,” the Court all but overruled Frankfurter's majority opinion in Colegrove v. Green. Not only did Baker play a pivotal role in the judicial protection of the civil rights movement, it marked the ascendancy of Justice William Brennan to a position of power within the Warren Court. Some of the language from Brennan's opinion in Baker laid the seeds for the conservative counterrevolution in justiciability law in the 1970s and 1980s.

Keywords:   William Brennan, justices, Baker v. Carr, judicial protection, civil rights movement, justiciability law

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