The Politics of the Supreme Court

Publication Year
2000

Type

Journal Article
Abstract

In his political history of the Warren Court, Lucas Powe integrates doctrinal analysis with an awareness of political context. Examining the Court as a political institution emphasizes that the Warren Court was not uniquely political. The Supreme Court must always operate within a political environment. Its decisions have political consequences, and broader political and social currents shape the justices' thinking about constitutional issues. Reconsidering the politics of the Warren Court is particularly useful, however, because of the need to explain how a politically responsive Court may also be an activist Court and how the Warren Court's aggressive use of the power of judicial review served the interests and beliefs of national political majorities.

Journal
Policy Review
Volume
102
Pages
63-70