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The Supreme Court, Visibility, And The "Politics Of Presence", Kathryn Abrams
The Supreme Court, Visibility, And The "Politics Of Presence", Kathryn Abrams
Vanderbilt Law Review
Jane Schacter has made a critical contribution by elaborating the meaning and potential consequences of the Court's holding in Romer v. Evans. At the center of her account is the thought-provoking suggestion that the Court's opinion enables a visibility or "presence" for gays and lesbians in the extended realm of the "political." While I salute her illumination, I am less certain about whether to share her optimism. In this Comment, I will explore the latter question by looking beyond the decision in Romer to other cases involving group-based civil rights. I will probe the effects of Supreme Court decisionmaking on …
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 …