Our most important findings are on the overall depreciation of the overall Warren Court precedents in the Rehnquist Court
, which are consistent with our earlier findings on the effect of the Rehnquist Court
on the network of Supreme Court precedents.
The overstatement arises from the fact that other Justices are occasionally more pivotal than the Chief in shaping the Court's jurisprudence in close cases during certain eras--witness the apt scholarly focus on Justice Brennan when assessing the "Warren Court," (12) and Justices O'Connor and Kennedy during the "Rehnquist Court
He wrote many of the key decisions of the Burger Court, and his role was such that the Rehnquist Court
may well have begun before his 1986 appointment as Chief Justice--if not in name at least in spirit.
WITH THE CHIEF JUSTICE'S DEATH last September, the book was closed on the Rehnquist Court
. Politically and jurisprudentially, however, the book had slammed shut long before.
In his provocative new book, A Court Divided: The Rehnquist Court
and the Future of Constitutional Law (W.W.
In doing so, the Rehnquist Court
has curbed congressional power under the interstate commerce clause (Gregory v.
Recent (1995-2002) Rehnquist Court
decisions striking down federal laws can be tied to "majoritarian" social and political forces.
It was decided on March 31, 1997 by the Rehnquist Court
Yalof, Mello, and Schmidt found that the proportion of non-collegial concurring and dissenting opinions increased during the first four years of the Roberts Court compared to the last four years of the Rehnquist Court
, which was itself viewed by scholars as a model of disharmony.
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