William J. Brennan Jr.
Associate Justice of the Supreme Court
1906 - 1997
Architect of the modern constitutional framework for individual rights, authoring more landmark opinions than perhaps any other Justice in history.
Biography
William J. Brennan Jr. served on the Supreme Court from 1956 to 1990, building the intellectual framework for the expansion of individual rights during the Warren and Burger Court eras. Appointed by President Eisenhower, Brennan became the Court's leading liberal voice and its most effective coalition builder.
Brennan's influence was extraordinary in both breadth and depth. He authored the majority opinions in Baker v. Carr (establishing the political question doctrine's limits and opening reapportionment to judicial review), New York Times Co. v. Sullivan (creating the actual malice standard for defamation of public officials), and Goldberg v. Kelly (establishing due process protections for welfare recipients). He also wrote the plurality opinion in Frontiero v. Richardson, applying heightened scrutiny to sex discrimination.
Brennan was famous for his ability to build five-vote majorities, understanding that principled compromise was essential to the Court's institutional effectiveness. His law clerks reported that he would hold up five fingers and say: 'With five votes, you can do anything around here.'
Major Accomplishments
- 1Authored New York Times Co. v. Sullivan, transforming defamation law
- 2Opened legislative reapportionment to judicial review in Baker v. Carr
- 3Expanded due process rights to encompass government benefits
- 4Built coalitions that produced landmark decisions across multiple decades
- 5Authored more majority opinions in landmark cases than any other modern Justice
Notable Opinions & Cases
New York Times Co. v. Sullivan
1964
Created the actual malice standard for defamation of public officials, transforming First Amendment and media law
Baker v. Carr
1962
Held that legislative reapportionment is a justiciable question, opening the door to one-person-one-vote
Goldberg v. Kelly
1970
Extended due process protections to government benefits, establishing the modern procedural due process framework
Texas v. Johnson
1989
Held that flag burning is protected expression under the First Amendment
Legacy
Brennan is widely regarded as the most influential Justice of the twentieth century after Earl Warren. His opinions on free speech, due process, equal protection, and voting rights form the core of modern constitutional law. The actual malice standard from Sullivan, the justiciability framework from Baker, and the due process revolution he led remain central to legal education and practice.
Famous Quotes
“The genius of the Constitution rests not in any static meaning it might have had in a world that is dead and gone, but in the adaptability of its great principles to cope with current problems and current needs.”
“With five votes, you can do anything around here.”
“The law is not an end in itself, nor does it provide ends. It is preeminently a means to serve what we think is right.”
“Sex classifications have traditionally been rationalized by an attitude of 'romantic paternalism' which, in practical effect, put women not on a pedestal, but in a cage.”