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WASHINGTON, July 24 -- Justice William J. Brennan Jr., a towering
figure in modern law who embodied the liberal vision of the Constitution
as an engine of social and political change, died today, almost
exactly seven years after his retirement from the Supreme Court.
He was 91.
Justice Brennan had been in failing health for several years.
He died at a nursing home in Arlington, Va., where he was undergoing
rehabilitation after falling and breaking a hip last November.
The Court on which Justice Brennan was a pivotal force for nearly
34 years was, in many respects, the Brennan Court, although he
never served as Chief Justice,
He was the author of numerous landmark opinions and, through his
powers of persuasion and force of intellect, the prime mover behind
many others. When he did not prevail, his voice in dissent was
strong.
Named to the Court by President Dwight D. Eisenhower in 1956,
Justice Brennan, the Newark-born son of Irish immigrants, left
a legacy that is visible everywhere in the law and in American
politicial and social life. It ranges from the one-person, one-vote
doctrine that ended the established order in the nation's legislatures,
to the decisions that transformed the Constitution's equal protection
guarantee into a weapon against sex discrimination, to cases that
opened the Federal courthouse doors to penetrating scrutiny of
the quality of justice dispensed at the state and local levels.
The Court and the country had changed around him by the time he
retired, after a stroke, at the age of 84 on July 20, 1990. The
change has continued in the intervening years, and a notably more
conservative Court has modified or overturned several significant
Brennan opinions, most recently, last month, when the Court overturned
a 1985 decision that had barred public school teachers from giving
special remedial classes on the premises of parochial schools.
But Justice Brennan's vision of the Constitution and the role
of a Federal judge remained unwavering, and the extent to which
his legacy remains intact, indeed deeply knitted into the fabric
of modern law, is striking. The 1,360 opinions that bore his name,
and numerous others that were marked by his influence, set the
high-water mark of an expansive vision of the Constitution and
of the transformative power of law.
As Justice Brennan described his vision in a 1987 speech, he believed
that the Constitution -- particularly the 14th Amendment's due
process clause, which he did more than anyone else to infuse with
modern vitality -- existed to guarantee ''the essential dignity
and worth of each individual.''
Constitutional interpretation ''demands of judges more than proficiency
in logical analysis,'' he said on that occasion, an address to
the Bar Association of the City of New York celebrating the Constitution's
bicentennial. ''It requires that we be sensitive to the balance
of reason and passion that mark a given age, and the ways in which
that balance leaves its mark on the everyday exchanges between
government and citizen.''
At the White House, President Clinton, who had awarded Justice
Brennan the Presidential Medal of Freedom, said the Justice's
''devotion to the Bill of Rights inspired millions of Americans,
and countless young law students, including myself.''
''He once said the role of the Constitution is the protection
of the dignity of every human being and he recognized that every
individual has fundamental human rights that government cannot
deny,'' Mr. Clinton said, ''He spent a lifetime upholding those
rights and he offered some of the most enduring constitutional
decisions of this century.''
Chief Justice William H. Rehnquist said, ''He played a major role
in shaping American constitutional law.''
Justice Brennan's tenure on the Court, spanning eight Presidential
Administrations, was extraordinary in both length and dimension.
Only five Justices in the Court's history served longer: John
Marshall, the fourth Chief Justice, who died in office after 34
years; Justices Stephen J. Field and Hugo Black, who both retired
after 34 years; the first Justice, John Marshall Harlan, who died
in office shortly before the 34-year mark; and Justice William
O. Douglas, who retired after a record 36 years. Only Justice
Douglas wrote more opinions.
For his first 13 years on the Court, Justice Brennan served under
Chief Justice Earl Warren. Commentators on the Warren Court, which
dramatically expanded the role of the Federal courts and the Constitution
in protecting individual liberties, have identified Justice Brennan
as the center of gravity of that Court's liberal majority, ''the
catalyst for some of the most significant decisions during his
tenure,'' in the words of Bernard Schwartz, a law professor and
historian of the Court.
''If we look at Justices in terms of their role in the decision
process,'' Professor Schwartz wrote in Judicature Magazine in
1995, Justice Brennan ''was actually the most influential Associate
Justice in Supreme Court history.''
The center shifted under Chief Justices Warren E. Burger and Rehnquist;
the liberals lost their majority, and Justice Brennan became the
spokesman for a wing of the Court that was often outvoted and
usually on the defensive. But while he was frequently in dissent,
his role on the Court transcended that of an embattled defender
of the liberal faith. Term after term, he defied all apparent
odds in his ability to pull together majorities, albeit often
narrow ones, for sustaining or even advancing the principles that
first took root in the Warren era.
Senior Justice, 'Youngest Thinker'
Justice Brennan's final majority opinion for the Court was emblematic.
Issued June 27, 1990, the last day of his last term, the opinion
in Metro Broadcasting v. Federal Communications Commission, upheld
two Federal affirmative-action programs aimed at increasing black
ownership of radio and television stations. It had been widely
anticipated that the Court would declare the programs unconstitutional,
but Justice Brennan managed to find five votes for upholding them.
Five years later, a changed Court struck down a separate Federal
affirmative-action program and effectively overruled Metro Broadcasting.
To his admirers, the role Justice Brennan assumed in this last
phase of his career on the Court embodied the best of the American
constitutional system. ''Justice Brennan may be the Supreme Court's
senior member, but he is also its youngest thinker,'' the liberal
legal scholar Charles A. Reich wrote in the Cardozo Law Review
in 1988, when the Justice was 82.
To his detractors, Justice Brennan symbolized all that was wrong
with the ''activist judiciary.'' William Bradford Reynolds, the
top civil rights official in the Reagan Administration, accused
Justice Brennan in 1986 of advocating a ''radical egalitarianism''
that Mr. Reynolds called ''perhaps the major threat to individual
liberty'' in the United States.
But when it came to evaluating Justice Brennan's significance
on the legal landscape, both sides were in agreement. ''There
is no individual in this country, on or off the Court, who has
had a more profound and sustained impact upon public policy in
the United States for the past 27 years,'' a generally critical
article in the conservative journal National Review said in 1984.
There were few areas of the law that did not feel his impact.
One of his best-known opinions, New York Times v. Sullivan, reshaped
the law of libel. In that 1964 decision, the Court ruled that
even when the press publishes false statements about public officials,
the First Amendment permits no finding of liability unless the
official can show that the statement was deliberately false or
published in reckless disregard of the truth.
The First Amendment requires ''breathing space'' for free expression,
Justice Brennan wrote, as an element of ''a profound national
commitment to the principle that debate on public issues should
be uninhibited, robust, and wide-open, and that it may well include
vehement, caustic, and sometimes unpleasantly sharp attacks on
government and public officials.''
Twenty-five years later, Justice Brennan had not wavered in his
view of the First Amendment. In Texas v. Johnson, a 1989 decision
that found First Amendment protection for the act of burning an
American flag as a political protest, Justice Brennan wrote for
the 5-to-4 majority: ''If there is a bedrock principle underlying
the First Amendment, it is that the Government may not prohibit
the expression of an idea simply because society finds the idea
itself offensive or disagreeable.''
But it was his 1970 opinion for the Court in Goldberg v. Kelly,
a case little known to the general public, that Justice Brennan
appeared to cherish above all others. That decision held that
it was a violation of the 14th Amendment's guarantee of due process
of law for a state to cut off a welfare recipient's benefits without
a hearing.
As a prescription for governmental behavior, the holding in Goldberg
v. Kelly appeared modest enough. But the opinion proved to be
a watershed of constitutional interpretation, a critical building
block in what came to be known as the due process revolution.
A series of decisions that followed erected a constitutional shield
for the ordinary citizen against the arbitrary or standardless
use of governmental power in many contexts.
In the 1987 New York speech, which he entitled ''Reason, Passion,
and the Progess of the Law,'' Justice Brennan talked about the
importance of the simple requirement that government officials
meet a citizen face-to-face before taking adverse action.
''Due process asks whether government has treated someone fairly,
whether individual dignity has been honored, whether the worth
of an individual has been acknowledged,'' Justice Brennan said.
''If due process values are to be preserved in the bureaucratic
state of the late 20th century, it may be essential that officials
possess passion -- the passion that puts them in touch with the
dreams and disappointments of those with whom they deal, the passion
that understands the pulse of life beneath the official version
of events.'' His opinion in Goldberg v. Kelly, he said, ''can
be seen as injecting passion into a system whose abstract rationality
had led it astray.''
Belief in Adapting The Constitution
Justice Brennan was an ardent defender of the view that the essential
meaning of the Constitution was to be found in the modern age,
and not in a search for the original intentions of its 18th-century
framers.
Toward the end of his tenure, that vision placed Justice Brennan
sharply at odds with prevailing views in the Reagan Administration,
whose top legal officials, principally Attorney General Edwin
Meese 3d, believed that the framers' ''original understanding''
was the only legitimate source for constitutional interpretation.
For years, Justice Brennan had refrained from commenting on current
political tides. But in a 1985 speech at Georgetown University,
he said that the constitutional theory of original intent ''is
little more than arrogance cloaked as humility.''
''We current Justices read the Constitution in the only way that
we can: as 20th-century Americans,'' he said in that speech. ''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.''
Integral to Justice Brennan's constitutional vision was the notion
that individuals should have the greatest access possible to the
Federal courts. He wrote the opinion in a 1963 case, Fay v. Noia,
which greatly expanded the extent to which the Federal courts
could hear habeas corpus petitions challenging state criminal
convictions. That decision has been whittled away, both by Congressional
amendments to the Federal habeas corpus statute and by subsequent
Supreme Court interpretations of that statute.
One of Justice Brennan's enduring landmark opinions, the 1962
decisions in Baker v. Carr, which led directly to the one-person,
one-vote reapportionment cases, was in essence a case concerning
access to the Federal courts. Baker v. Carr held that cases challenging
unequal legislative apportionment could be heard in Federal court.
Prior to that decision, the courts had labeled such cases ''political
questions,'' and refused to hear them at all.
Chief Justice Warren later called Baker v. Carr ''the most important
case that we decided in my time.'' Rex E. Lee, who served as Solicitor
General in the Reagan Administration, went further in a 1991 forum
sponsored by the American Bar Association. ''As you look back,
Baker perhaps had a greater effect on the distribution of power
within our country than any other opinion that's ever been handed
down,'' Mr. Lee said.
Justice Brennan's opinion drew a bitter dissent from Justice Felix
Frankfurter, his former professor at Harvard Law School. Justice
Frankfurter once made the ironic comment, ''I always wanted my
students to think for themselves, but Brennan goes too far.''
Among many other Brennan opinions that opened the Federal courthouse
doors was Bivens v. Six Unknown Named Agents, in 1971, which for
the first time recognized a right to sue a Government official
directly under the Constitution. Another wasMonell v. New York
City Department of Social Services, in 1978, which opened local
governments to suits under a 1871 civil rights statute for violating
an individual's constitutional rights.
Leader in Decisions Expanding Rights
In a series of decisions from 1961 to 1969, Justice Brennan led
the Court in a quiet revolution that made provisions of the Bill
of Rights -- a document that speaks only of the Federal Government
-- applicable to the states. He wrote only one of the decisions,
Malloy v. Hogan in 1964, which made the Fifth Amendment right
against compelled self-incrimination applicable to the states,
but he played a behind-the-scenes role in the other cases.
Justice Brennan joined the Court in the immediate shadow of the
1954 landmark school desegregation decision, Brown v. Board of
Education. There was still much work to be done to end the regime
of segregation. Justice Brennan wrote several opinions that were
crucial in carrying out the principles of the Brown decision,
including Keyes v. School District No. 1 of Denver, which in 1973
applied the Brown ruling to a Northern school district for the
first time.
Justice Brennan wrote the opinion for the Court in Katzenbach
v. Morgan, a major 1965 ruling that affirmed the authority of
Congress to use the 14th Amendment as ''a positive grant of legislative
power,'' providing a basis for expansive Congressional power involving
civil rights.
He took the lead in applying the 14th Amendment's equal protection
guarantee to strike down official discrimination on the basis
of gender as well as race. In two opinions in the mid-1970's,
Frontiero v. Richardson and Craig v. Boren, Justice Brennan defined
a heightened level of constitutional scrutiny that laws making
distinctions on the basis of gender would have to withstand in
order to survive a 14th Amendment challenge.
Later, Justice Brennan was a strong defender of the use of affirmative-action
programs that gave special opportunities to blacks even at the
expense of some whites. In a 1979 opinion, United Steelworkers
v. Weber, he rejected the argument that a special training program
aimed at helping black workers violated the rights of white workers
under the 1964 Civil Rights Act.
''It would be ironic indeed,'' he wrote in the Weber case, ''if
a law triggered by a nation's concern over centuries of racial
injustice and intended to improve the lot of those who had been
excluded from the American dream for so long, constituted the
first legislative prohibition of all voluntary, private, race-conscious
efforts to abolish traditional patterns of racial segregation
and hierarchy.''
Several years later, the Reagan Administration began using the
courts to try to establish the principle that only those blacks
who had been direct victims of discrimination should be allowed
to benefit from affirmative-action programs. Justice Brennan mustered
Court majorities that rejected the Administration's arguments
and permitted the continued use of the affirmative-action concept.
Throughout his tenure, Justice Brennan was a firm supporter of
the constitutional right to free choice on questions of contraception
and abortion. His 1972 opinion in Eisenstadt v. Baird established
the right of unmarried people to receive information about birth
control. Justice Brennan wrote that if ''the right to privacy
means anything, it is the right of the individual, married or
single, to be free from unwanted governmental intrusions into
matters so fundamentally affecting a person as whether to bear
or beget a child.'' As constitutional doctrine, the opinion contributed
significantly to the Court's later abortion decisions.
Justice Brennan also believed that the Constitution required strict
separation of church and state. Asked in a 1986 interview to name
his hardest case, he cited his concurring opinion in the 1963
Schempp case, one of the early decisions prohibiting organized
prayer in the public schools.
''In the face of my whole lifelong experience as a Roman Catholic,''
he said in the interview, ''to say that prayer was not an appropriate
thing in public schools, that gave me quite a hard time. I struggled.''
But he added that at the moment he joined the Court, ''I had settled
in my mind that I had an obligation under the Constitution which
could not be influenced by any of my religious principles.''
In 1987 he wrote the majority opinion in Edwards v. Aguillard,
declaring unconstitutional a Louisiana law that required the teaching
of ''creation science.'' The law was a device to advance the teaching
of religious views, he said, and as such amounted to an unconstitutional
''establishment'' of religion. His opinion explained the reason
for his strictly separationist view.
''Families entrust public schools with the education of their
children,'' he said, ''but condition their trust on the understanding
that the classroom will not purposely be used to advance religious
views that may conflict with the private beliefs of the student
and his or her family. Students in such institutions are impressionable
and their attendance is involuntary.''
Time after time, Justice Brennan achieved results that defied
predictions, putting together unlikely coalitions or finding compromises
when there appeared little room for common ground.
Adversaries Treated With Respect
Commentators attributed his success to an unusual combination
of a forceful intellect and personal magnetism. Perhaps drawing
on skills he had learned early in his career as a labor lawyer,
he was an excellent negotiator who treated his ideological opponents
with respect and who never forgot that adversaries of the moment
could prove to be allies in the next battle.
In a 1981 essay, Abraham D. Sofaer, a former law clerk of Justice
Brennan's who was then a Federal District judge, wrote, ''Justice
Brennan's great success on and off the Court has been achieved
because he is an ebullient, generous, charismatic human being.''
Judge Sofaer continued: ''My point is not that Justice Brennan
has always been right. Rather, it is that the human qualities
of the man have placed him at a formidable advantage in any dispute
over the wisdom and propriety of his decisions.''
Milton Katz, a Harvard Law School professor and longtime friend,
recalled in a 1981 essay that he once teased Justice Brennan about
some telling points that Justice Rehnquist had scored in a dissenting
opinion. Professor Katz said Justice Brennan ''grinned in ungrudging
admiration'' of his adversary and exclaimed, ''Wasn't Rehnquist
good!''
Under the Supreme Court's rules, the Chief Justice has the right
to assign the opinion in any case in which he is in the majority;
when the Chief Justice is in dissent, the power falls to the senior
Justice in the majority. When the Court was ideologically divided,
that power often fell to Justice Brennan. He assigned himself
a number of major opinions each term and placed other opinions
strategically among his allies. Always willing to curb his own
advocacy a bit to persuade an indecisive colleague or hold a wavering
majority, he was more committed to winning than to having the
final product reflect every nuance or preference of his own.
Failed to Persuade On the Death Penalty
One subject on which his powers of persuasion failed was capital
punishment. Justice Brennan believed strongly that the death penalty
was unconstitutional in all circumstances, a view shared among
his colleagues only by Justice Thurgood Marshall.
Neither he nor Justice Marshall ever reconciled themselves to
the Court's opinions permitting the continued use of the death
penalty. The two men dissented every time the Court turned down
an appeal from a death-row inmate, an event that occurred with
increasing frequency in Justice Brennan's final years on the Court.
After both Justices had retired, Justice Harry A. Blackmun adopted
the same practice, shortly before his own retirement in 1994.
Sometimes Justice Brennan dissented at length. More often he simply
noted his dissent, adding that he was ''adhering to my view that
the death penalty is in all circumstances cruel and unusual punishment
prohibited by the 8th and 14th Amendments.''
He believed that his position would ultimately be vindicated by
a changed political consensus, although he acknowledged that this
was unlikely in his lifetime. He told an audience at Georgetown
University in 1985, ''On this issue, I hope to embody a community
striving for human dignity for all, although perhaps not yet arrived.''
He used one of his last public appearances, in April 1996, to
denounce the death penalty as a ''barbaric and inhuman punishment
that violates our Constitution.'' The statement was read for him
by his son, William J. Brennan 3d, in a ceremony at the Court
marking the Justice's 90th birthday.
Justice Brennan, who began his judicial career on the state courts
of New Jersey, never lost his interest in state constitutions
and the workings of state judicial systems. He was an influential
figure among state court judges. An article he wrote in a 1977
issue of the Harvard Law Review entitled ''State Constitutions
and the Protection of Individual Rights'' urged state supreme
court judges to look to their own state constitutions as sources
of protection for individual rights at a time when the United
States Supreme Court appeared to be cutting back on such protections.
The article became one of the most frequently cited law review
articles in history, and the results were apparent in a rapidly
growing number of state supreme court rulings that relied on state
constitutions to expand individual rights.
''This one law review article, almost by itself, created the renaissance
of state constitutionalism,'' a 1986 appraisal in the John Marshall
Law Review concluded. There was an irony to Justice Brennan's
role as a champion of state constitutions, because as a matter
of Federal constitutional law he strongly opposed efforts, both
on and off the Court, to enhance the powers of the state vis a
vis the national Government.
Achieved Expectations Of His Father
William Joseph Brennan Jr. was born April 25, 1906 in Newark,
the second of eight children of William Brennan and the former
Agnes McDermott.. His parents met and married in the United States
after immigrating separately from County Roscommon in Ireland.
His father, a metal polisher and brewery worker in Ireland, became
active in the trade union movement and in New Jersey Democratic
politics. He was a member of the Essex County Trades and Labor
Council and served as Commissioner of Public Safety in Newark
from 1917 until 1930, when he died at age 57.
''Everything I am, I am because of my father,'' Justice Brennan
told an interviewer in 1986. Asked whether his father would be
surprised to find him on the Supreme Court, Justice Brennan replied:
''No, he would have expected it.''
William Jr. attended both parochial and public elementary schools.
He graduated from Barringer High School. In 1928, he graduated
with honors from the Wharton School of Finance and Commerce at
the University of Pennsylvania.
At the age of 21, shortly before graduation, he married Marjorie
Leonard, whom he had met when he was a sophomore in high school.
They had three children: William 3d, a lawyer in Princeton and
former president of the New Jersey Bar Association; Hugh, an administrator
at the United States Department of Commerce, and Nancy, a museum
curator and administrator in Bermuda.
With his new wife staying behind in New Jersey to earn money for
his tuition, he entered Harvard Law School and was among the top
students in the class when he graduated in 1931. A scholarship
enabled him to continue his studies after his father died at the
end of his second year in law school. Returning to his home state
to practice law, he was admitted t o the New Jersey bar and began
working at one of the state's top law firms, Pitney, Hardin &
Skinner. He was a trial lawyer specializing in representing management
in labor cases.
He joined the Army in 1942 as a major assigned to the legal division
of the Ordnance Department. He won the Legion of Merit and was
discharged with the rank of colonel. Upon his return to law practice,
his firm changed its name to Pitney, Hardin & Brennan. Mr. Brennan
became one of the better-known lawyers in the state, not only
for his wide-ranging practice but also for his active involvement
in the court reform movement that replaced New Jersey's antiquated
constitution and legal system with one that was generally considered
one of the country's best.
Although he was enrolled as a Democrat, his public activities
were apolitical. New Jersey's Republican Governor, Alfred E. Driscoll,
asked him to become a judge on the state's Superior Court in 1949.
To the surprise of nearly all his professional colleagues, Mr.
Brennan gave up his lucrative practice for the unglamorous life
of a local trial judge.
A Republican President, A Democratic Justice
The next year, he was elevated to the Appellate Division. By 1952,
when Governor Driscoll named him to the state's Supreme Court,
he was highly regarded for the many procedural changes he had
made to improve the flow of cases in the New Jersey courts. He
had become a protege of Arthur Vanderbilt, New Jersey's Chief
Justice, who was a leader in the national effort to modernize
the courts. A speech Justice Brennan gave in May 1956 to a conference
on court congestion and delay, held in Washington at the Department
of Justice, brought him to the attention of the Eisenhower Administration.
In September 1956, Attorney General Herbert Brownell telephoned
him to ask him to come to Washington to see President Eisenhower.
The call came to Justice Brennan's chambers in Red Bank, N.J.,
late on a Friday afternoon, and he took an overnight train to
Washington, arriving at about 5:30 Saturday morning.
Justice Brennan later told his biographer, Stephen J. Wermiel,
that he assumed he was being invited to head a group on court
administration, a position he did not want. He was surprised to
find the Attorney General waiting for him at the station in Washington,
and flabbergasted when Mr. Brownell informed him that President
Eisenhower, a Republican, wanted to name him to the Supreme Court.
Justice Sherman Minton had just announced that he would retire
because of poor health. No Catholic had served on the Court since
Justice Frank Murphy died in 1949, and with the 1956 Presidential
election only weeks away, President Eisenhower's advisers believed
that the appointment of a northeastern Catholic would be beneficial.
''Brennan fulfilled the specific purposes for which he was chosen,''
Professor Wermiel wrote in a 1993 account of the nomination. ''He
was a Democrat, a Catholic, and a state court judge; he was comparatively
young for a Supreme Court nominee; and he remained committed to
reform efforts to reduce delays and backlogs in the nation's courts.''
The 50-year-old state judge was widely regarded as one of the
most impressive young judges in the country, and the nomination
was hailed in both the popular press and legal commentaries as
an example of nonpartisan merit selection at its best. Life magazine
said the nominee ''brings to the Court one of the keenest, quickest
judicial minds in the country.''
Because Congress was in recess, Justice Brennan was able to take
his seat immediately, on Oct. 16, 1956. At his confirmation hearing,
in February 1957, he received hostile questioning only from Senator
Joseph R. McCarthy of Wisconsin, who cast the only vote opposing
his confirmation.
Although President Eisenhower was widely quoted as describing
his selection of Justice Brennan as one of his two biggest mistakes
-- the other being his nomination of Earl Warren as Chief Justice
-- the evidence that he actually ever made such a remark is equivocal.
Professor Wermiel said, ''It is difficult to see how the men around
President Eisenhower could have missed Brennan's liberalism.''
In any event, the selection process focused on the politics of
the moment and paid scarcely any attention to his views on constitutional
issues. ''The inescapable conclusion is that Eisenhower got precisely
the political result for which he was searching'' when he chose
Justice Brennan, Professor Wermiel wrote.
Justice Brennan had several health problems in his later years.
He appeared particularly dispirited in 1979, when he told some
of his former law clerks that he was considering retiring. He
had recently suffered a small stroke and undergone surgery for
a cancerous tumor on a vocal cord. His wife had suffered from
cancer for several years.
But he decided to remain on the Court. He nursed his wife until
she died in late 1982. Three months later, Justice Brennan married
Mary Fowler, who had worked at the Supreme Court for 40 years
and had been his secretary for 26 . The marriage appeared to reinvigorate
him. He resumed an active travel schedule and tackled his work
at the Court with renewed energy and determination. His wife survives
him, as do the three children of his first marriage, as well as
seven grandchildren and a great-grandchild.
The Court said today that Justice Brennan's body would lie in
the Great Hall of the Supreme Court Building from 10:30 A.M. to
10 P.M. on Monday for public viewing. The funeral will be on Tuesday
at St. Matthew's Cathedral here with burial at Arlington National
Cemetery.
Justice Brennan had no intention of retiring when the Court's
1989-90 term ended. He and his wife were on their way to a Scandinavian
cruise shortly after the Court began its summer recess when he
suffered a second minor stroke. The couple completed the cruise.
But Justice Brennan's doctor then advised him that he faced the
prospect of a major, disabling stroke unless he retired.
In a public statement he issued with his official retirement announcement,
Justice Brennan said: ''It is my hope that the Court during my
years of service has built a legacy of interpreting the Constitution
and Federal laws to make them responsive to the needs of the people
whom they were intended to benefit and protect. This legacy can
and will withstand the test of time.''
To fill Justice Brennan's seat, President George Bush named David
H. Souter, a Federal appeals court judge from New Hampshire. Despite
their considerable differences in outlook -- Justice Souter is
a Republican of more conservative leanings -- the two men developed
a warm friendship, and Justice Souter has often expressed deep
admiration for his predecessor.
In 1995, Justice Brennan's former law clerks honored him by endowing
the Brennan Center for Justice at New York University School of
Law, a nonpartisan litigation and research center. At a ceremony
at the Court marking the opening of the Brennan Center, Abner
J. Mikva, a former Federal appeals court judge who was then the
White House counsel, declared that he was coining a new word,
''Brennanist,'' which he defined as, ''one who influences his
colleagues beyond measure.''
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