JUSTICE REHNQUIST'S JUDICIAL PHILOSOPHY: DEMOCRACY V. EQUALITY

In: Polity: the journal of the Northeastern Political Science Association, Band 17, Heft 1, S. 88-117

Abstract

IN APPLYING THE LAW JUDGES MUST FIRST DETERMINE WHAT IT MEANS, AND WE KNOW THAT THEY DO NOT ALWAYS AGREE ON ITS MEANING. THEIR DIFFERENT INTERPRETATIONS MAY RESULT, AMONG OTHER THINGS, FROM THEIR VARYING PERSPECTIVES ON THEIR OWN MISSION, THEIR DIFFERENT VALUES, AND THEIR DIFFERENT IN THIS ARTICLE, PROFESSOR SUE DAVIS ATTEMPTS TO IDENTIFY THE INGREDIENTS OF WILLIAM H. REHNQUIST'S JUDICIAL PHILOSOPHY AS THESE EMERGE FROM HIS OPINIONS IN CASES INVOLVING THE FOURTEENTH AMENDMENT'S EQUAL PROTECTION CLAUSE.