There is, in fact, a conceptual unity to the Court's approach, logical even if not inevitable: just as the Rehnquist Court
narrowed the scope of free exercise in the Smith decision, the Roberts Court is gradually cutting away some of the doctrinal fat that has bloated the Establishment Clause over the past several decades.
In 1986, the Rehnquist Court
decided three cases construing Rule 56
This Court could plausibly be described as the least activist Court in history, and this recent pattern should also cause us to reevaluate the claims of activism during the late Rehnquist Court
SIMON, THE CENTER HOLDS: THE POWER STRUGGLE INSIDE THE REHNQUIST COURT
(1995); JEFFREY TOOBIN, THE NINE: INSIDE THE SECRET WORLD OF THE SUPREME COURT (2007); MARK TUSHNET, A COURT DIVIDED: THE REHNQUIST COURT
AND THE FUTURE OF CONSTITUTIONAL LAW (2005).
One day soon we may mourn the death of his legacy--the jurisprudence of the Rehnquist Court
The work covers foundational sources of American environmental law, initial court responses to modern environmental statutes, rulings affected by the energy crisis, the Rehnquist court
and anti-environmentalism, and the divided court and modern challenges on global warming, greenhouse gases, and environmental disasters.
In the 1990s, Souter dissented when the Rehnquist court
limited the government's power to protect rights for women and workers with disabilities.
Although many of the core rulings of the Earl Warren Court remain good law, the Rehnquist Court
among other things expanded the extent to which federal and state funds could be spent in religious schools.
Specifically, through an abbreviated case study of the Rehnquist Court
, I will argue that the Court is at once majoritarian and independent--able to do what it wants but usually not wanting to do more than is politically popular.
By 1995 the Rehnquist Court
was more likely to condemn than to applaud desegregation efforts.
The revitalization of federalism was one of the most significant legacies of the Rehnquist Court
," says R.
Morgan has written one of the most straightforward, bold, damning, and courageous explanations of how the Rehnquist Court
failed to do its constitutional duty to interpret the Constitution in the manner authorized by the American people themselves; and in particular, how Justices O'Connor, Kennedy, and Souter continued the unbridled judicial arbitrariness of Chief Justice Warren and Associate Justice William Brennan ("The Failure of the Rehnquist Court
," Spring 2006).