The Most Activist Supreme Court in History: The Road to Modern Judicial Conservatism
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Overview
When conservatives took control of the federal judiciary in the 1980s, it was widely assumed that they would reverse the landmark rights-protecting precedents set by the Warren Court and replace them with a broad commitment to judicial restraint. Instead, the Supreme Court under Chief Justice William Rehnquist has reaffirmed most of those liberal decisions while creating its own brand of conservative judicial activism.
Ranging from 1937 to the present, The Most Activist Supreme Court in History traces the legal and political forces that have shaped the modern Court. Thomas M. Keck argues that the tensions within modern conservatism have produced a court that exercises its own power quite actively, on behalf of both liberal and conservative ends. Despite the long-standing conservative commitment to restraint, the justices of the Rehnquist Court have stepped in to settle divisive political conflicts over abortion, affirmative action, gay rights, presidential elections, and much more. Keck focuses in particular on the role of Justices O'Connor and Kennedy, whose deciding votes have shaped this uncharacteristically activist Court.
Synopsis
When conservatives took control of the federal judiciary in the 1980s, it was widely assumed that they would reverse the landmark rights-protecting precedents set by the Warren Court and replace them with a broad commitment to judicial restraint. Instead, the Supreme Court under Chief Justice William Rehnquist has reaffirmed most of those liberal decisions while creating its own brand of conservative judicial activism.
Ranging from 1937 to the present, The Most Activist Supreme Court in History traces the legal and political forces that have shaped the modern Court. Thomas M. Keck argues that the tensions within modern conservatism have produced a court that exercises its own power quite actively, on behalf of both liberal and conservative ends. Despite the long-standing conservative commitment to restraint, the justices of the Rehnquist Court have stepped in to settle divisive political conflicts over abortion, affirmative action, gay rights, presidential elections, and much more. Keck focuses in particular on the role of Justices O'Connor and Kennedy, whose deciding votes have shaped this uncharacteristically activist Court.
Choice
Choice Outstanding Academic Title, 2006
Editorials
Law and Politics
"Keck makes a compelling case for the Rehnquist's Court's very high level of judicial activism. I agree that for too long judicial activism has been equated with liberal judicial decisions. His book makes a clear statement that the same Court may issue both liberal activist decisions and conservative activist decisions. . . . I would recommend [the book] for general courses on the Supreme Court, the judicial system, or American politics."
— Craig Emmert
AR Reivews in Advance
"Keck devastates claims that contemporary conservatives on the federal bench have no judicial agenda other than to return control over basic polity questions to elected officials."
— Mark A. Graber
New Republic -
"Provocative."
New York Law Journal -
"A welcome and extremely timely book. . . . Because Professor Keck writes from a political science perspective, his book provides a broader dimension than others which have analyzed the Rehnquist Court in largely legalistic terms. Thus, he shows us how decisions of the Supreme Court are not easily separated from the broader trends of political and social change. . . . If one is looking to understand the relationship between constitutional decision-making and the political and social forces which may influence that process, especially in the immediate aftermath of the 2004 presidential election and with the looming prospect of vacancies on the Court, Professor Keck's book more than amply fills the bill."
New Republic
Provocative.— Jeffrey Rosen
New York Law Journal
A welcome and extremely timely book. . . . Because Professor Keck writes from a political science perspective, his book provides a broader dimension than others which have analyzed the Rehnquist Court in largely legalistic terms. Thus, he shows us how decisions of the Supreme Court are not easily separated from the broader trends of political and social change. . . . If one is looking to understand the relationship between constitutional decision-making and the political and social forces which may influence that process, especially in the immediate aftermath of the 2004 presidential election and with the looming prospect of vacancies on the Court, Professor Keck's book more than amply fills the bill.— William E. Hellerstein
Choice
Choice Outstanding Academic Title, 2006