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In 1949, Brennan was appointed to the Superior Court (a Trial court) by New Jersey Governor Alfred E. Driscoll. In 1951, Driscoll appointed him to the New Jersey State Supreme Court.
He was nominated for the Supreme Court of the United States by Dwight Eisenhower in 1956. He held the post until his retirement on July 20, 1990 for health reasons.
With 1,200 opinions, his is second only to William O. Douglass in number of opinions written while a Supreme Court justice.
An outspoken liberal, he was a staunch opponent of the death penalty, and a supporter of abortion rights.