November 26, 2004

On the Rehnquist Court, Everyone Has Been a Judicial Activist

By MARK V. TUSHNET

Chief Justice William H. Rehnquist's illness portends his likely retirement in the near future and his replacement by an appointee of a confident and conservative Republican Party, perhaps to be joined within a year by another conservative. As Rehnquist's tenure ends, we can reflect on where his court has brought us -- and on the constitutional futures its decisions make possible.

The story of the Rehnquist Court is the story of a court divided not simply between liberals and

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