ABSTRACT
In 1967, President Johnson signed Public Law 90-130, to remove restrictions on the careers of female officers. Certainly, the Warren Court justices believed that racism had infected particular courts-martial, and undoubtedly, the justices were not so naive to believe that racial equality reached all corners of the military before 1969. The Burger Court's uneven approach to affirmative action in the 1970s is evidenced through a number of non-military decisions. Powell countered by objecting to the Court preempting the amendment through the judicial process. Warren Burger emphasized that the unique disciplinary structure of the military the only jurisdiction in the United States which can criminalize acts of employment discrimination. In 1946, the Court, in United States v. Causby, a decision authored by William O. Douglas, determined that low flying military aircraft which caused the degradation of value of a private chicken farm was not a compensable taking within the Fifth Amendment's definition.
