Warren Earl Burger
How Judge Burger rules, drawn from 25 signed orders. Every observation links to the order it came from.
Judge Burger no longer hears cases. This profile is preserved as a historical record of how they ruled.
How Judge Burger decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
Burger deferred to an agency's interpretation when the record did not show it to be unreasonable or arbitrary.
“On this record we cannot conclude that the Commission’s interpretation of its rules is unreasonable or arbitrary.”
Procedural preferences
Burger remanded when agency procedures left competing applicants trapped by the agency's own rules.
“For the reasons stated in Consolidated Nine, this case must be remanded to the Commission with directions to vacate the interim grant to Florida-Georgia until an interim grant has been made in accordance with that opinion or until the comparative hearing process has resulted in the grant of a regular license.”
He treated a party's requested disposition as informative but not controlling over the appellate court's independent duty.
“However, a suggestion by the Government is just that; it is this Court’s responsibility to decide.”
Cautions
Burger expected government advocates to combine vigorous representation with professional restraint.
“The Government may prosecute vigorously, zealously with hard blows if the facts warrant, for a criminal trial is not a minuet.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“The Board’s order, therefore, must be enforced.”
“Affirmed.”
“The order of the Board will be enforced.”
Caseload & timing
From public federal docket records for this judge.
Not applicable to this circuit-court record.
A historical record
Judge Burger no longer hears cases. This profile stays available as a record of how they ruled. If you're preparing for a matter, start from the court's current bench.