The Rehnquist Court and the Constitution

This is one of the most thorough and incisive guides to date on the thinking and deliberative process of the Supreme Court under Chief Justice William Rehnquist. Yarbrough (The First Justice Harlan), a professor of political science at East Carolina University, characterizes the Rehnquist court's record on civil liberties as decidedly mixed. Although he credits what he calls the ""legal pragmatists"" (such as Stephen Breyer and Ruth Bader Ginsburg) with partially derailing the Reagan/Bush conservative repudiation of the Warren era's human rights legacy, he notes that the Court has expanded opportunities for warrantless police searches and extended broad deference to the government in death penalty cases. On issues such as assisted suicide, gay rights and abortion, Yarbrough labels the Rehnquist court arbitrary. This casebook (which is too detailed for most general readers) examines a diversity of controversial cases, ranging from racial gerrymandering to pornography, displays of religious symbols on public property, libel of public figures, disposal of radioactive wastes and possession of firearms in school zones. Citing numerous recent cases signaling what he views as a rebirth of the Supreme Court's special solicitude for propertied and commercial interests, the author suggests that a full tilt in this direction may await only the election of a Republican president. The generally conservative drift of the Rehnquist court's decisions, he argues, raises serious questions about its continued commitment to the principle of equal justice for all. Yarbrough's withering, erudite critique is recommended reading for Supreme Court watchers. (Mar.)