counter-revolution that wasn't

[Scott Gerber]

The Raich case strikes me as another illustration of how Vincent 
Blasi's thesis about the Burger Court---the counter-revolution that 
wasn't--also holds for the Rehnquist Court (affirmative action, gay 
rights, commerce clause, etc.).

I'm not suggesting that is a good or bad thing, or that the Rehnquist 
Court isn't more conservative than the Burger Court.  I'm simply making 
an observation about the Rehnquist Court as a legal-political 
institution:  an observation that seems especially appropriate if this 
is indeed the end of that court (assuming the chief retires).

Only Justice Thomas appears willing to march head first into a 
"counter-revolution."  (His dissent is a tour de force of formalistic 
reasoning [again, I'm not saying that's a good or bad thing, I'm simply 
making an observation].)


Scott

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Scott Gerber
Law College
Ohio Northern University
Ada, OH 45810
419-772-2219
http://www.law.onu.edu/faculty/gerber/