In his first five years on the United States Supreme Court, Justice Lewis F. Powell, Jr. has become and will most likely continue to be a leading force in shaping the direction of the Court. In many areas, Justice Powell's desire for judicial flexibility as well as judicial restraint has made him a leader in turning the Burger Court away from the bright-line tests enunciated by the Warren Court. However, where the Warren Court had been flexible, Justice Powell has usually preserved this flexibility and expanded it if possible. The tool consistently utilized to achieve this flexibility has been a balancing formula that has sought to accommodate all the competing interests.
Randolph C. DuVall, John E. Ely, Mark S. Gardner, William C. Goodwin & H. P. Williams,
Balanced Justice: Mr. Justice Powell and the Constitution,
U. Rich. L. Rev.
Available at: http://scholarship.richmond.edu/lawreview/vol11/iss2/6