By Thomas R. Hensley
Did the Rehnquist courtroom, which the liberal Warren court docket and the average Burger courtroom, in achieving a conservative counterrevolution? utilizing quantitative information to complement targeted opinion research, political scientist Thomas R. Hensley argues that continuity now not swap characterised the Rehnquist courtroom period. yet indisputably, the Rehnquist courtroom used to be usually a struggle zone.Fourteen justices served in the course of the Rehnquist period, which all started in 1986 throughout the Reagan management and ended with Rehnquist's loss of life in September 2005. Presidents Reagan and Bush appointed conservative justices and set in movement an attack at the "ultra-liberal" judgements made by way of the 2 prior courts. yet President Clinton appointed reasonable Democrats, slowing the conservative juggernaut. the outcome? some of the most interesting, contentious, and the most important sessions within the background of the U.S. ideally suited court docket.
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Extra info for The Rehnquist Court: Justices, Rulings, and Legacy (ABC-CLIO Supreme Court Handbooks)
One issue was Rehnquist’s opposition to major liberal precedents such as Roe v. Wade (1973). Critics of Rehnquist hoped that his stated philosophy of judicial selfrestraint would lead him to uphold well-established precedents, but they feared the The Rehnquist Court and the Period social and political consequences of major liberal precedents being overturned if Rehnquist’s leadership took judicial activism to the Right instead. Another issue was concern over Rehnquist’s personal commitment to principles of racial equality.
Scalia was in effect replacing Burger, and thus the conservative coalition would remain at four justices. Scalia received a unanimous vote from the Senate. Intense as the confirmation battle over Rehnquist had been, it proved to be the quiet before the storm. At the end of the 1986–1987 term, the Court’s centrist swing justice, Lewis Powell, announced his resignation. As noted previously, Powell was in an exceptionally powerful position as the key vote on a closely divided Court, and his resignation offered the Reagan administration the opportunity to create a solid, fiveperson conservative majority.
Chemerinsky, Erwin. ” Harvard Law Review, 103 (1989): 43–73. , and Christopher E. Smith. ” Political Research Quarterly, 48 (1995): 837–856. Janda, Kenneth, Jeffrey M. Berry, and Jerry Goldman. The Challenge of Democracy: Government in America. Boston: Houghton Mifflin, 2003. , and Stephen Halpren, eds. The Burger Court. Urbana, IL: Univ. of Chicago Press, 1991. Patterson, Thomas E. The American Democracy. 5th ed. Boston: McGraw-Hill, 2001. Spaeth, Harold J. United States Supreme Court Judicial Database, 1953–2004 Terms.