The Most Activist Supreme Court in History: The Road to Modern Judicial Conservatism

Extract

The Most Activist Supreme Court in History: The Road to Modern Judicial Conservatism. By Thomas M. Keck. Chicago: University of Chicago Press, 2004. 370p. $65.00 cloth, $24.00 paper.

The title of this work presents its thesis at the macrolevel, but it is with limited support that the author claims that the current Supreme Court is the “most activist.” The core argument of the book is actually presented in the last chapter in clear fashion. There, the author explicitly refers to the Court as the O'Connor Court since he determines that it is largely the blend of political conservatism and judicial moderation, long displayed by Sandra Day O'Connor, that encapsulates the modern Court. So the thesis is no more than stated as something of a straw man at the outset. Thomas Keck “reveals” that the political ideology (liberal/conservative) dimension of justices is not identical to the judicial activism/restraint dimension of their judicial perspectives. These are and always have been two separate dimensions, even if they may not be orthogonal. It is not clear why this is the first major point of the discussion.