Before Warren became chief justice, the Supreme Court wasn’t particularly protective of voting rights, but that changed during his tenure. In 1964’s Reynolds v. Sims, voters from Jefferson County, Alabama, objected to how the state’s legislative districts were drawn.
The Alabama constitution dictated that there be at least one elected official for every county and senatorial district. The districts, though, had been drawn with grossly uneven populations, allowing sparsely populated rural districts to dominate more populous and racially diverse urban districts. The court ruled 8-1 that the 14th Amendment’s equal protection clause required legislative districts to be drawn with approximately equal numbers of constituents.
The decision derived from “the one person, one vote” principle, according to Stone and Strauss. “States can't set up their legislatures so that a minority of the voters in the state can elect the majority of the state legislature,” Strauss says. “But it was a big problem in parts of the country where there were rural areas that controlled the state government, even though a huge majority of the people lived in the cities. The Warren court put a stop to that.”
During the civil rights era, the Warren court also played an important role in the criminal justice system. Given Warren’s law enforcement background, he realized that low-income people, disproportionately people of color, were vulnerable to unfair criminal justice practices.
In 1961’s Mapp v. Ohio, the Warren Court restricted which evidence could be used in criminal prosecutions. Police had long been able to conduct unconstitutional searches—stopping a Black driver for no reason, for example, and then searching the vehicle and using any contraband found to prosecute the motorist.
“They could prosecute you for possessing drugs and didn't have to show that they had any legitimate justification for searching you,” Stone says. In Mapp, the court decided that if the police engage in an unconstitutional search, the evidence found is inadmissible in court. That decision incentivized the authorities to comply with the Fourth Amendment, which protects against unreasonable searches and seizures.
“But before the Mapp decision, they were perfectly free to engage in unconstitutional searches and use the evidence they found, and there was no real remedy because usually poor defendants have no way to sue them for damages,” Stone says. “And so the police had no reason to comply with the Fourth Amendment. So, this was another example of the court interpreting the Constitution so as to protect the rights of individuals who were engaged in the criminal justice system.”
In the 1963 case Gideon v. Wainwright, the Supreme Court made another important criminal justice decision. It ruled that states were obligated to provide counsel to defendants who could not afford to secure their own attorneys.
“That created a much better ability for individuals to be defended than simply standing there by themselves knowing no law whatsoever,” Stone says.
In 1966’s Miranda v. Arizona, the Warren Court ruled that police had to inform anyone they arrested of their right to remain silent and their right to counsel. The ruling was a response to law enforcement taking advantage of the fact that people of color, low-income people, and uneducated people who were arrested often did not know their legal rights, Stone says.
Collectively, the Warren Court’s criminal justice rulings used the Fourth, Fifth and Sixth Amendments to give more rights to socioeconomically disadvantaged people.
“Some of the criminal procedure decisions like Miranda [faced a] big outpouring of opposition,” Strauss says. “And, now, the most conservative justices are totally comfortable with Miranda. So, these cases went from being tremendously controversial to being, not only things no one wants to question, but things that, in many instances, everybody is proud of, like Brown. That's one aspect of [Warren’s] legacy.”
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