Title: Foreword: The New Court Searches for Identity
Abstract: comment on the dominant mood of the present Supreme Court as reflected generally in October Term, 1970. Anyone who takes this assignment seriously, as of course I do, is doomed to considerable frustration. The Court, these days, is, most of all, a many-splintered thing. Certain members, primarily Justices Douglas, Brennan, and Marshall, are fighting a desperate rear-guard action to preserve as much as possible of the civil libertarian gains or thrust of the Warren Court, as they understand them. Most of the time, they have been joined by Mr. Justice Black, subject, of course, to his own latter day peculiarities, or as he would prefer to put it, his exquisite faithfulness to his fundamental principle that the Constitution must be read as it was written, or obviously