In Defense of a Political Court

By Terri Jennings Peretti | Go to book overview

INDEX
abortion decisions, 28, 29–30, 32, 34, 172, 249–50, 277n.136, 318n.35; See also Roe decision
Abraham, Henry, 85, 87, 90, 122
Ackerman, Bruce, 41, 47, 190, 255n.12, 261n.17
Adamany, David W., 168
Adams, John, 121, 138
affirmative action decisions, 28
African Americans: civil rights and, 115–16; public support for Court by, 173; race discrimination cases and, 33, 40–41, 47–48, 238; racial equality principle and, 40–41; school desegregation cases and, 152–53, 155–57. See also Brown decision
Agresto, John, 53, 55, 56, 61–64, 68, 69–70
Alabama, NAACP v., 152
Alexander, Larry, 66
American Bar Association ratings, 29, 92–93, 97, 98, 275n.99
American self-understanding, 57
anti-caste principle, 61
anticipated reactions rule, 145–46, 204
anti-New Deal Court, 246, 248
Baas, Larry, 169, 172
Babbitt, Bruce, 96
Baird, Bellotti v., 241
Barenblatt v. U.S., 140
Barnum, David G., 177, 179
Baum, Lawrence, 95, 95–96, 97, 113, 142, 146, 154
Bellotti v. Baird, 241
Berger, Raoul, 17, 22, 28, 39, 40, 49, 72
Bickel, Alexander: on Court as responsive, 207; on democracy as majoritarian, 190, 229; on elections and popular preferences, 206; on imposition of values, 14; on judicial restraint, 186, 191; on keeping judicial function distinct, 35; on majority rule, 198–99, 202, 203; on predicting judicial performance, 112
Biden, Joseph, 97
Bill of Rights: enforcement against states and, 28; individual protections/guarantees in, 18, 212, 315n.75; substantive restrictions of, 60–61. See also the Constitution
Black, Charles, 17, 170
Black, Hugo, 17, 28, 103
Blackmun, Harry, 29, 82, 121
Bobbitt, Philip, 14, 17
Bolling v. Sharpe, 28
Borah, Senator, 96
Bork, Robert: controversial nomination of, 167, 245; on equal protection, 40; judicial review theory of, 23; as moderate interpretivist, 16–18, 22, 257n.35; Senate concerns regarding, 248; Senate confirmation voting/rejection of, 89, 91, 99
bounded objectivity, 41
Bowers v. Hardwick, 43, 82
Brandeis, Louis, 105–6, 128, 129
Brennan, William, 22, 43, 97, 103, 104, 112, 123, 124–25, 128
Brenner, Saul, 110
Brest, Paul, 32, 38, 41, 45, 48, 49, 52, 66, 187
Breyer, Stephen, 96
Brown decision, 27, 28–29, 47, 57, 150–51, 156, 238, 249. See also school desegregation cases
Burger Court, 105, 106, 108, 233, 246, 282n.165, 301n.117
Bush, George, 87, 97, 98, 120, 121–22, 144, 176
Butler, Pierce, 105–6
Button, NAACP v., 152
Caldeira, Greg: on children's perceptions of the Court, 164–65; on Court's legitimacy, 185; on measuring impact of interest groups, 91, 220; on public support for the Court, 169, 170, 171, 172, 173, 175, 176
Cameron, Charles M., 86, 89, 90, 96
capability analysis approach, 134–37
Cardozo, Benjamin, 96, 125, 126
Carey, United Jewish Organizations v., 46
Carolene Products approach, 34, 47, 258n.74
Carp, Robert A., 119, 120
Carswell, G. Harrold, 89, 90, 91, 99
Carter, Jimmy, 87, 280n.147

-361-

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