ABSTRACT
In appeals of the Chicago Eight convictions, the constitutionality of the Anti-Riot statute was upheld, but the convictions of the defendants were overturned and a new separate trial was ordered for each defendant due to errors by Judge Hoffman and the "demeanors of the judge and the prosecutor." The government chose not to hold new trials and dropped the charges. Political battle cries for judicial restraint generally amount to little more than convenient appeals to rally the faithful. Despite the Supreme Court's popular image as the ultimate constitutional arbiter, only rarely has it been called upon to consider the limitations of presidential power. The Court's opinion emerged after several weeks of editorial emendation and intensive lobbying among the Justices. In the end, Brennan and the others certainly had the input they had wanted all along; meanwhile, Burger alone had his name on an opinion that united the Court: the President must surrender the tapes.
