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All The Supreme Court Really Needs To Know It Learned From The Warren Court, Suzanna Sherry
All The Supreme Court Really Needs To Know It Learned From The Warren Court, Suzanna Sherry
Vanderbilt Law Review
It is accepted wisdom among constitutional law scholars that the Supreme Court is now considerably more conservative than it was during the tenure of Chief Justice Earl Warren. In this Article, I hope to suggest that the conventional wisdom is at least partly wrong. In Part I, I suggest that many of the current Court's so-called conservative cases and doctrines are direct descendants of Warren Court cases and doctrines. Although my attribution of similarity is new, the description of the cases and doctrines themselves is entirely unoriginal. Indeed, the history of the two sets of cases-of the Warren Court and …