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A Court Divided: The Rehnquist Court and the Future of Constitutional Law
TLDR
Tushnet as mentioned in this paper reveals how the decisions of nine deeply divided justices have left the future of the Court; and the nation; hanging in the balance, revealing that the division was between those in tune with the modern post-Reagan Republican Party and those who represented an older Republican tradition.Abstract:
In this authoritative reckoning with the eighteen-year record of the Rehnquist Court, Georgetown law professor Mark Tushnet reveals how the decisions of nine deeply divided justices have left the future of the Court; and the nation; hanging in the balance. Many have assumed that the chasm on the Court has been between its liberals and its conservatives. In reality, the division was between those in tune with the modern post-Reagan Republican Party and those who, though considered to be in the Court's center, represent an older Republican tradition. As a result, the Court has modestly promoted the agenda of today's economic conservatives, but has regularly defeated the agenda of social issues conservatives; while paving the way for more radically conservative path in the future.read more
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Does Legal Doctrine Matter? Unpacking Law and Policy Preferences on the U.S. Supreme Court
Michael Bailey,Forrest Maltzman +1 more
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