• Sign up for new title announcements and special offers.

  • Cloth: $94.95 - In Stock
    978-0-8223-3437-8
  • Paperback: $24.95 - In Stock
    978-0-8223-3448-4
  • Quantity
  • Add To Bag
  • 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
  • Neal Devins

    Dahlia Lithwick

    David D. Savage

    David J. Garrow

    Jeffrey Rosen

    Stuart Taylor, Jr.

    Carter G. Phillips

    Ramesh Ponnuru

    Rodney A. Smolla

    Erwin Chemerinsky

    Tony Mauro

    Davison M. Douglas

  • "A Year at the Supreme Court raises some thought-provoking questions about some of the court's decisions during the 2002-03 term. . . ."

    "[T]he book does this job well. It makes a valuable contribution to the public's understanding of the Supreme Court."

    "The editors, who provide useful introductions to each chapter, should be applauded for adding this splendid volume to Duke's 'Constitutional Conflicts' series. Highly recommended."

    Reviews

  • "A Year at the Supreme Court raises some thought-provoking questions about some of the court's decisions during the 2002-03 term. . . ."

    "[T]he book does this job well. It makes a valuable contribution to the public's understanding of the Supreme Court."

    "The editors, who provide useful introductions to each chapter, should be applauded for adding this splendid volume to Duke's 'Constitutional Conflicts' series. Highly recommended."

  • “‘The quiet of a storm center,’ Justice Oliver Wendell Holmes Jr. said of the Supreme Court. The storm—the drama—has never been more intense than in the 2002–03 term. Here the decisions of that term are brilliantly, provocatively described and analyzed.” — Anthony Lewis, author of, Gideon’s Trumpet and Make No Law

    “A close and revealing look by journalists and advocates on the operations of the Supreme Court. This book captures the powerful political pressures that constantly play against the Justices and help determine their decisions.” — Louis Fisher, author of, American Constitutional Law

  • Permission to Photocopy (coursepacks)

    If you are requesting permission to photocopy material for classroom use, please contact the Copyright Clearance Center at copyright.com;

    If the Copyright Clearance Center cannot grant permission, you may request permission from our Copyrights & Permissions Manager (use Contact Information listed below).

    Permission to Reprint

    If you are requesting permission to reprint DUP material (journal or book selection) in another book or in any other format, contact our Copyrights & Permissions Manager (use Contact Information listed below).

    Images/Art

    Many images/art used in material copyrighted by Duke University Press are controlled, not by the Press, but by the owner of the image. Please check the credit line adjacent to the illustration, as well as the front and back matter of the book for a list of credits. You must obtain permission directly from the owner of the image. Occasionally, Duke University Press controls the rights to maps or other drawings. Please direct permission requests for these images to permissions@dukeupress.edu.
    For book covers to accompany reviews, please contact the publicity department.

    Subsidiary Rights/Foreign Translations

    If you're interested in a Duke University Press book for subsidiary rights/translations, please contact permissions@dukeupress.edu. Include the book title/author, rights sought, and estimated print run.

    Disability Requests

    Instructions for requesting an electronic text on behalf of a student with disabilities are available here.

    Rights & Permissions Contact Information

    Email: permissions@dukeupress.edu
    Email contact for coursepacks: asstpermissions@dukeupress.edu
    Fax: 919-688-4574
    Mail:
    Duke University Press
    Rights and Permissions
    905 W. Main Street
    Suite 18B
    Durham, NC 27701

    For all requests please include:
    1. Author's name. If book has an editor that is different from the article author, include editor's name also.
    2. Title of the journal article or book chapter and title of journal or title of book
    3. Page numbers (if excerpting, provide specifics)
    For coursepacks, please also note: The number of copies requested, the school and professor requesting
    For reprints and subsidiary rights, please also note: Your volume title, publication date, publisher, print run, page count, rights sought
  • Description

    The United States Supreme Court’s 2002–03 term confounded Court watchers. The same Rehnquist Court that many had seen as solidly conservative and unduly activist—the Court that helped decide the 2000 presidential election and struck down thirty-one federal statutes since 1995—issued a set of surprising, watershed rulings. In a term filled with important and unpredictable decisions, it upheld affirmative action, invalidated a same-sex sodomy statute, and reversed a death sentence due to ineffective assistance of counsel. With essays focused on individual Justices, Court practices, and some of last year’s most important rulings, this volume explores the meaning and significance of the Court’s 2002–03 term. Seasoned Supreme Court advocates and journalists from The New Republic, The Los Angeles Times, Newsweek, National Journal, Slate, and Legal Times grapple with questions about the Rehnquist Court’s identity and the Supreme Court’s role in the political life of the country.

    Some essays consider the role of “swing” Justices Sandra Day O’Connor and Anthony Kennedy within a Court that divides 5–4 more than any other group of Justices in the nation’s history. Others examine the political reaction to and legal context of the Court’s Lawrence v. Texas decision declaring a Texas law criminalizing homosexual sodomy unconstitutional. Contributors analyze the Court’s rulings on affirmative action and reassess its commitment to states’ rights. Considering the Court’s practices, one advocate explores the use and utility of amicus curiae, or “friend of the court” briefs, while another reflects on indications of an increased openness by the Court to public scrutiny. Two advocates who argued cases before the Court—one related to hate speech and the other to a “three strikes and you’re out” criminal statute—offer vivid accounts of their experiences. Intended for general readers, A Year at the Supreme Court is for all those who want to understand the Rehnquist Court and its momentous 2002–03 term.

    Contributors
    Erwin Chemerinsky
    Neal Devins
    Davison M. Douglas
    David J. Garrow
    Dahlia Lithwick
    Tony Mauro
    Carter Phillips
    Ramesh Ponnuru
    Jeffrey Rosen
    David G. Savage
    Rodney A. Smolla
    Stuart Taylor Jr.

    About The Author(s)

    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.

Explore More
Share

Create a reading list or add to an existing list. Sign-in or register now to continue.


Contact Us

  • Duke University Press
  • 905 W. Main St. Ste 18-B
  • Durham, NC 27701
  • U.S. phone (toll-free): 888-651-0122
  • International: 1-919-688-5134
  • orders@dukeupress.edu