EARL WARREN'S CURSE

This morning on the way to work, I was listening to NPR and their came upon their fair minded, non-partisan legal reporter, Nina Totenberg, who we remember was one of the people who pushed Anita Hill into the limelight. This is the 50th Anniversary of Brown v. Board of Education and Nina had a fawning piece on the new Chief Justice, Earl Warren. Chief Justice Warren was such a liberal, judicial activist, he introduced to the world the whole theory of judicial activism, the same activism that brought us the latest assault on free speech this week.

Of course, Warren’s activism wasn’t seen in a poor light by Totenberg, she didn’t even mention it. Well, that’s not exactly true; she mentioned it without even realizing it. She mentioned Warren was Governor of California and brought to the state, “progressive enlightenment”. Is this the same “progressive enlightenment” that led to California’s current liberal train wreck? In the most telling quote that shows Warren’s activism, Nina said he was, “attuned to public consensus”. A Supreme Court Chief Justice should be anything but “attuned to public consensus”; he should be a Constitutional scholar with no regard to public consensus and current fads.