Arizona v. Fulminante - New Direction?

During 1990, one of the Court's most liberal members, William J. Brennan, Jr., retired. President George Bush filled his seat with the more conservative David H. Souter. Souter joined Rehnquist in overturning the harmless error analysis for coerced confessions. Some legal experts believed the Arizona verdict would have been different if Brennan had still been on the Court. Said one lawyer, Joseph L. Rauh, "I bet Bill Brennan is sick this morning."

Observers split in their opinions on the verdict. Some lawyers strongly attacked it, saying it might make police more likely to use threats or violence against a suspect to force a confession. But others said the verdict would have little effect, since coerced confessions are rare.