The lawyers and legal commentators who contribute to We Dissent
unanimously agree that during Chief Justice William Rehnquist's
nineteen-year tenure, the Supreme Court failed to adequately
protect civil liberties and civil rights. This is evident in
majority opinions written for numerous cases heard by the Rehnquist
Court, and eight of those cases are re-examined here, with
contributors offering dissents to the Court's decisions. The
Supreme Court opinions criticized in We Dissent suggest that the
Rehnquist Court placed the interests of government above the
people, and as the dissents in this book demonstrate, the Court
strayed far from our constitutional ideals when it abandoned its
commitment to the protection of the individual rights of
Americans.
Each chapter focuses on a different case--ranging from torture
to search and seizure, and from racial profiling to the freedom of
political expression--with contributors summarizing the case and
the decision, and then offering their own dissent to the majority
opinion. For some cases featured in the book, the Court's majority
decisions were unanimous, so readers can see here for the first
time what a dissent might have looked like. In other cases,
contributors offer alternative dissents to the minority opinion,
thereby widening the scope of opposition to key civil liberties
decision made by the Rehnquist Court.
Taken together, the dissents in this unique book address the
pressing issue of Constitutional protection of individual freedom,
and present a vision of constitutional law in the United States
that differs considerably from the recent jurisprudence of the
United States Supreme Court.
Contributors: Michael Avery, Erwin Chemerinsky, Marjorie Cohn,
Tracey Maclin, Eva Paterson, Jamin Raskin, David Rudovsky, Susan
Kiyomi Serrano, and Abbe Smith.
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