Published online by Cambridge University Press: 21 November 2022
Changes in the composition of the Supreme Court perhaps inevitably invite speculation about whether and how the Court will change, and what direction it will take in the future. The move of William Rehnquist from associate justice to chief justice and the addition of Antonin Scalia certainly alters the chemistry of the Court. These changes may also have a profound impact on the Court's place in American government during the rest of this century.
There is no doubt that the Court will change. Differences are already apparent during oral arguments. Rehnquist is sharper, more thoughtful, more commanding and wittier than his predecessor in the center chair. And from the far right of the bench, Scalia almost bubbles over with energy and questions for counsel. No less revealing is that in the week before the start of the 1986–87 term on the first Monday in October, Rehnquist managed to get the justices to dispose of over 1,000 cases (granting 22 and denying or otherwise disposing of the rest). He did so in only two days, whereas it usually took Burger more than twice as long to get through about the same number.
This paper is based on a “Bicentennial Lecture: The Supreme Court in Transition” delivered at the American Bar Association's 1986 National Law-Related Education Leadership Seminar, White Plains, New York, November 10-13, 1 986. The ABA paper will appear in Update (Fall, 1 986). Not for quotation or publication without the author's written permission. Copyrighted by David M. O'Brien.