known as substantive due process. This decision was fundamental, after Warren's retirement, for the outcome of Roe v. Wade and consequent legalization of abortion. With the exception of the desegregation decisions, few decisions were unanimous. The eminent scholar Justice John Marshall Harlan II took Frankfurter's place as the Court's self-constraint spokesman, often joined by Potter Stewart and Byron R. White. But with the appointment of Thurgood Marshall, the first black justice (as well as the first non-white justice), and Abe Fortas (replacing Goldberg), Warren could count on six votes in most cases. See also Government by Judiciary History of the Supreme Court of the United States Living Constitution Modern liberalism in the United States Notes References Further reading Atkins, Burton M. and Terry Sloope. "The 'New' Hugo Black and the Warren Court," Polity, Apr 1986, Vol. 18#4 pp 621–637; argues that in the 1960s Black moved to the right on cases involving civil liberties, civil rights, and economic liberalism. Ball, Howard, and Phillip Cooper. "Fighting Justices: Hugo L. Black and William O. Douglas and Supreme Court Conflict," American Journal of Legal History, Jan 1994, Vol. 38#1 pp 1–37 Belknap, Michal, The Supreme Court Under Earl Warren, 1953-1969 (2005), 406pp excerpt and text search Eisler, Kim Isaac. The Last Liberal: Justice William J. Brennan, Jr. and the Decisions That Transformed America (2003) Hockett, Jeffrey D. "Justices Frankfurter and Black: Social Theory and Constitutional Interpretation," Political Science Quarterly, Vol. 107#3 (1992), pp. 479–499 in JSTOR Horwitz, Morton J. The Warren Court and the Pursuit of Justice (1999) excerpt and text search Lewis, Anthony. "Earl Warren" in Leon Friedman and Fred L. Israel, eds. The Justices of the United States Supreme Court: Their Lives and Major Opinions. Volume: 4. (1997) pp 1373–1400; includes all members of the Warren Court. online edition Marion, David E. The Jurisprudence of Justice William J. Brennan, Jr. (1997) Patterson, James T. Brown v. Board of Education: A Civil Rights Milestone and Its Troubled Legacy (2001) online edition Powe, Lucas A.. The Warren Court and American Politics (2002) excerpt and text search Scheiber, Harry N. Earl Warren and the Warren Court: The Legacy in American and Foreign Law (2006) Schwartz, Bernard. The Warren Court: A Retrospective (1996) excerpt and text search Schwartz, Bernard. "Chief Justice Earl Warren: Super Chief in Action." Journal of Supreme Court History 1998 (1): 112-132 Silverstein, Mark. Constitutional Faiths: Felix Frankfurter, Hugo Black, and the