Rehnquist Justice
Understanding the Court Dynamic
Edited by Earl M. Maltz
May 2003
352 pages, 6 x 9
Paper ISBN 978-0-7006-1244-4, $19.95
One of Choice Magazine's Outstanding Academic Titles for 2005
With
seven of its justices appointed by Republican presidents, todays
Supreme Court has significantly altered Americas legal landscape
since 1986 by tilting constitutional jurisprudence to the right.
That was the goal of Presidents Reagan and Bush in filling court
vacancies and has been felt in cases related to federalism, economic
rights, and affirmative action. However, liberal issues such as
abortion have moved only marginally to the right, while rulings
by the Court on school prayer and gay rights have moved constitutional
doctrine slightly to the left.
Here prominent constitutional scholars are joined by new voices
from the cutting edge of academia to show that the Rehnquist Courts
conservatism is less extreme than many have supposed. Reflecting
views across the political spectrum, the contributors help readers
understand the Court dynamic, its constrained conservatism, and
the forces that shape constitutional law in general.
As these authors show, the overall pattern of decision-making in
the Rehnquist era cannot be attributed to any single, unified approach
to constitutional analysis. Instead, it can only be understood as
the product of a complex interaction among individual justices,
each with an idiosyncratic view of the proper interpretation of
the Constitution and the role of the Court in the American political
system.
These essays provide insight into this interaction by focusing
on each member of the bench. From the staunch conservatism of Clarence
Thomas, to the accommodationismof Sandra Day OConnor,
to the liberal constitutionalism of David Souter, the
essays analyze the unique approach of each justice to interpreting
the Constitution. They also show that the current justices
are the product of a nomination and confirmation process that has
undergone a major transformationone which now favors experienced,
often unknown jurists over high-profile public servants.
By concentrating attention on its members, Rehnquist Justice
allows us to better understand the Supreme Court as a whole. And
by assessing todays judiciary in light of a public philosophy
that looks askance at government, it shows us that the Supreme Court
has truly become a mirror of its times.
An essential volume for understanding the interactions
and disagreements among the nine current members of the Rehnquist
Court.--John Anthony Maltese, author of The Selling
of Supreme Court Nominees
Students of constitutional law and politics, as well as
general readers interested in the Supreme Court, will find this
collective portrait of the Rehnquist Court insightful
and rewarding.--David OBrien, author of Storm
Center: The Supreme Court in American Politics
A wonderful volume that will make great reading in constitutional
law courses at almost any level.--R. Shep Melnick,
author of Regulation and the Courts
A provocative book that is must reading for students of
constitutional politics.--Tinsley E. Yarbrough, author
of The Rehnquist Court and the Constitution
EARL M. MALTZ is Distinguished Professor of Law at Rutgers
University, Camden, and author of Rethinking
Constitutional Law and Civil Rights, the Constitution,
and Congress, 18631869, both from the University Press
of Kansas, and most recently The Chief Justiceship of Warren
Burger.
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