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Profiles a watershed year (2002-2003) in the life of the U.S. Supreme Court, with contributions by journalists and Court advocates that discuss critical rulings on gay rights, affirmative action, hate speech, federal-state relations, and criminal law.
List of contents
Acknowledgments vii
The Justices of the Supreme Court of the United States, 2002-03 ix
Introduction / Neil Devins and Davison M. Douglas 1
1. A High Court of One: The Role of the “Swing Voter” in the 2002 Term / Dahlia Lithwick 11
2. Anthony M. Kennedy and the Road Not Taken / David D. Savage 33
3. A Revolutionary Year: Judicial Assertiveness and Gay Rights / David J. Garrow 55
4. The Next Culture War / Jeffery Rosen 71
5. The Affirmative Action Decisions / Stuart Taylor, Jr. 87
6. Was Affirmative Action Saved by Its Friends? / Carter G. Phillips 113
7. The Court’s Faux Federalism / Ramesh Ponnuru 131
8. Cross Burning: Virginia v. Black / Rod Smolla 151
9. Cruel and Unusual: Lockyer v. Andrade / Erwin Chemerinskiy 175
10. Glasnost at the Supreme Court / Tony Mauro 191
Notes 209
Table of Cases 229
Index 233
Notes on the Contributors 241
About the author
Neal Devins is Goodrich Professor of Law and Director of the Institute of Bill of Rights Law at the William and Mary School of Law. He is also Professor of Government at the College of William and Mary. His most recent books include The Democratic Constitution and Political Dynamics of Constitutional Law (4th edition), both coauthored with Louis Fisher.
Davison M. Douglas is the Arthur B. Hanson Professor of Law at the William and Mary School of Law, where he is former Director of the Institute of Bill of Rights Law. He is the author of Reading, Writing, and Race: The Desegregation of the Charlotte Schools.
Summary
Profiles a watershed year (2002-2003) in the life of the U.S. Supreme Court, with contributions by journalists and Court advocates that discuss critical rulings on gay rights, affirmative action, hate speech, federal-state relations, and criminal law.
