The Rehnquist Court: Judicial Activism on the Right

In this collection of 15 incisive essays, legal scholars argue that the Rehnquist Court's conservative 5-4 majority has succeeded in erasing many of the social gains made during the New Deal (and in subsequent Supreme Courts) by systematically dismantling the legal rights of the poor, the elderly, minorities, prisoners and other disenfranchised groups. This Court has also severely restricted the power of the federal government to assist these groups, they say, by increasing the role of more conservative state governments (except, of course, when it serves Republican interests to overrule a state court, such as in Bush v. Gore). In the words of Schwartz, an American University law professor, the Rehnquist court has served-and will likely continue to serve-""to comfort the comfortable and afflict the afflicted."" Conservatives may argue that the book is one-sided (there are no essays by scholars in favor of the Court's conservative activism) but it does argue forcefully that the Court has done the country more harm than good. It also offers a comprehensive and readable overview of the Court's decisions about gay rights, capital punishment, government financing of religious causes and other important social issues.