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14 A Partial Counterrevolution
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Published:November 2024
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Abstract
Between 1969 and 1991, ten consecutive justices were appointed by Republican presidents, with the aim of overruling the Court’s major liberal decisions of the 1960s and early 1970s. But the Court did not fulfill these expectations. Rather than overruling the big liberal decisions, the justices merely chipped away at them. By the early 1990s, the Court had created a variety of exceptions to the constitutional doctrines restricting police officers, but the police were still governed by all sorts of rules that had not existed before the 1960s. Judges had less authority to remedy some kinds of discrimination, but the Court gave them more authority to remedy other kinds. The Court shaved some height off the wall separating church and state, but not much—the wall was still higher than it had been before the 1960s. And, perhaps most surprising of all, Roe v. Wade was still standing.
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