William J. Brennan Jr.

William Joseph Brennan Jr. (April 25, 1906 – July 24, 1997) was an American lawyer and jurist who served as an Associate Justice of the Supreme Court of the United States from 1956 to 1990.

He was the seventh-longest serving justice in Supreme Court history, and was known for being a leader of the Court's liberal wing.

Born in Newark, New Jersey, Brennan studied economics at the University of Pennsylvania and then attended Harvard Law School.

He entered private legal practice in New Jersey and served in the U.S. Army during World War II.

William J. Brennan Jr. was born on April 25, 1906, in Newark, New Jersey, the second of eight children.

Both his parents, William and Agnes (McDermott) Brennan, were Irish immigrants.

They met in the United States, although both were originally from County Roscommon in Ireland.

Brennan attended public schools in Newark, and graduated from Barringer High School in 1924.

William Brennan Sr. had little education and worked as a metal polisher, but rose to a position of leadership, serving as the Commissioner of Public Safety for the city of Newark from 1927 to 1930.

He then attended the Wharton School of the University of Pennsylvania, where he graduated cum laude with a degree in economics in 1928.

While there, he joined Delta Tau Delta fraternity.

Brennan graduated from Harvard Law School near the top of his class in 1931 and was a member of the Harvard Legal Aid Bureau.

When he was 21, Brennan married Marjorie Leonard, whom he had met in high school.

They eventually had three children: William III, Nancy, and Hugh.

After graduating from Harvard Law School, Brennan entered private practice in his home state of New Jersey, where he practiced labor law at the firm of Pitney Hardin (which would later become Day Pitney).

Other factors playing into Brennan's appointment were his status as a state court judge – no state judge had been appointed to the High Court since Benjamin N. Cardozo in 1932 – and Eisenhower's desire to appear bipartisan after his appointments of two Republicans: Earl Warren (former Governor of California) and John Marshall Harlan II.

Brennan filled the seat vacated by Justice Sherman Minton.

During World War II, Brennan was commissioned in the Army as a major in March 1942, and left as a colonel in 1945.

He did legal work for the ordnance division.

In 1949, Brennan was appointed to the Superior Court (a trial court) by Governor of New Jersey Alfred E. Driscoll.

He was appointed in 1951 to the Supreme Court of New Jersey.

In 1951, Driscoll appointed him to the Supreme Court of New Jersey.

Shortly before the 1956 presidential election, President Dwight D. Eisenhower used a recess appointment to place Brennan on the Supreme Court.

Brennan won Senate confirmation the following year.

Brennan was given a recess appointment as an associate justice of the United States Supreme Court by President Dwight D. Eisenhower on October 15, 1956, shortly before the 1956 presidential election, and was sworn into office the following day.

The president's advisers thought the appointment of a Roman Catholic Democrat from the Northeast would woo critical voters in the upcoming re-election campaign for Eisenhower, a Republican.

Brennan was also strongly supported by Cardinal Francis Spellman.

Brennan gained the attention of Herbert Brownell, United States Attorney General and Eisenhower's chief legal affairs adviser, when Brennan had to give a speech at a conference (as a substitute for New Jersey Supreme Court Chief Justice Arthur Vanderbilt).

To Brownell, Brennan's speech seemed to suggest a marked conservatism, especially on criminal matters.

His nomination, formally submitted to the Senate Judiciary Committee on January 14, 1957, faced a small amount of controversy from two angles.

The National Liberal League opposed the nomination of a Catholic, thinking he would rely on his religious beliefs rather than the Constitution when ruling, and Senator Joseph McCarthy had read transcripts of Brennan's speech where he decried overzealous anti-Communist investigations as "witch-hunts."

After a confirmation hearing in which Brennan defended himself against McCarthy's attacks and proclaimed that he would rule solely on the basis of the Constitution and not on Church law, he was confirmed by a near-unanimous vote, with only Senator McCarthy voting against him.

He authored several landmark case opinions, including: Baker v. Carr (1962), establishing that the apportionment of legislative districts is a justiciable issue; Eisenstadt v. Baird (1972), which established a legal right to contraception for unmarried people and helped solidify the sexual revolution; Craig v. Boren (1976) which established that laws which discriminate on the basis of sex are subject to heightened scrutiny under the Equal Protection Clause; and New York Times Co. v. Sullivan (1964), which required "actual malice" in libel suits brought by public officials.

Due to his ability to shape a wide variety of opinions and bargain for votes in many cases, he was considered to be among the Court's most influential members.

Justice Antonin Scalia called Brennan "probably the most influential Justice of the [20th] century."

He remained on the Court until his retirement in 1990, and was succeeded by David Souter.

On the Supreme Court, Brennan was known for his outspoken progressive views, including opposition to the death penalty as he dissented in more than 1,400 cases in which the Supreme Court refused to review a death sentence, and support for abortion rights and gay rights.

He held the post until his retirement on July 20, 1990, for health reasons; he was succeeded on the Court by Justice David Souter.

He was the last federal judge in active service to have been appointed to his position by President Eisenhower.

Brennan then taught at Georgetown University Law Center until 1994.