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.
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