This essay explores the likelihood that conservative federal courts in the near future will be agents of conservative social change. In particular, the paper assesses whether conservative justices on some issues will support more conservative policies than conservative elected officials are presently willing to enact and whether such judicial decisions will influence public policy. My primary conclusion is that, as long as conservatives remain politically ascendant in the elected branches of government, the Roberts Court is likely to influence American politics at the margins. The new conservative judicial majority is likely to be more libertarian than conservative majorities in the elected branches of government and make policies that cons...
Commentators often describe Employment Division v Smith as the beginning of a new era in free exerci...
The Roberts Court has shifted constitutional law in a formalist direction. This Essay explains the C...
This article broadly examines the conservative Rehnquist Court\u27s federalism doctrines and, in doi...
Most of the judges in America are elected. Yet the institution of the elected judiciary is in troubl...
In this essay, Professor Garfield contends that the conservative justices on the Supreme Court have ...
This Article analyzes the recent trend of conservative judicial activism in the Supreme Court and se...
In this Article we reveal a dual dilemma, both material and institutional, that the Supreme Court in...
Most court watchers agree that the changing composition of the Supreme Court will ineluctably favor ...
Over twenty years ago, my Foreword on the Supreme Court’s October 1988 Term titled The Vanishing Con...
Ideological drift is the phenomenon in which an actor shifts their original political stance to the ...
This Article seeks to examine and compare the judicial behaviors of the five conservative justices o...
Not too many years ago, scholars could reasonably speak of the U.S. Supreme Court as being among the...
I recall seeing a column, not long ago, which referred to the Supreme Court as increasingly a right...
I was given the title Judicial Conservatives and the Supreme Court. I think that is a rather appro...
Right Wing Justice raises the alarm about the creeping conservative campaign to pack America\u27s ...
Commentators often describe Employment Division v Smith as the beginning of a new era in free exerci...
The Roberts Court has shifted constitutional law in a formalist direction. This Essay explains the C...
This article broadly examines the conservative Rehnquist Court\u27s federalism doctrines and, in doi...
Most of the judges in America are elected. Yet the institution of the elected judiciary is in troubl...
In this essay, Professor Garfield contends that the conservative justices on the Supreme Court have ...
This Article analyzes the recent trend of conservative judicial activism in the Supreme Court and se...
In this Article we reveal a dual dilemma, both material and institutional, that the Supreme Court in...
Most court watchers agree that the changing composition of the Supreme Court will ineluctably favor ...
Over twenty years ago, my Foreword on the Supreme Court’s October 1988 Term titled The Vanishing Con...
Ideological drift is the phenomenon in which an actor shifts their original political stance to the ...
This Article seeks to examine and compare the judicial behaviors of the five conservative justices o...
Not too many years ago, scholars could reasonably speak of the U.S. Supreme Court as being among the...
I recall seeing a column, not long ago, which referred to the Supreme Court as increasingly a right...
I was given the title Judicial Conservatives and the Supreme Court. I think that is a rather appro...
Right Wing Justice raises the alarm about the creeping conservative campaign to pack America\u27s ...
Commentators often describe Employment Division v Smith as the beginning of a new era in free exerci...
The Roberts Court has shifted constitutional law in a formalist direction. This Essay explains the C...
This article broadly examines the conservative Rehnquist Court\u27s federalism doctrines and, in doi...