1971 Term Summary and Analysis

Burger met the new clerks for the term in the cafeteria. At this luncheon, the clerks could discuss the various cases with the Chief Justice. Burger tried to squeeze in a lunch with the clerks at least once a month. He kept them until almost three o'clock, when he returned to his chambers to deal with the Winston-Salem emergency request. He had to telephone the Justices who weren't in Washington for their opinions. Since several of the Justices were against a stay, Burger ruled that he couldn't grant one because of the shortness of time to the opening of the school year. Burger wanted the lower courts to understand that racial balancing wasn't required.

Black and Harlan were both in the Bethesda Naval Hospital in mid-July during the Court's vacation. Black was convinced he was dying of cancer, even though the...