Texas Review of Law & Politics, 2015/10/01, Vol: 20, p79
civil procedure, computer internet law, governments, and healthcare law
I. Introduction A. Congress-Court Relations During the Rehnquist Court The Rehnquist Court (OT1986-OT2005) has been described as an ideologically divided Court with two blocs of "stalwarts" (a conservative bloc and a liberal bloc) and with Justice O'Connor as the pivotal swing vote. 1 The Rehnquist Court was also known for its (conservative) activism. 2 Professor Cass Sunstein noted that "In its first seventy-five years, the Supreme Court struck down only two acts of Congress. In the eighteen years since Ronald Reagan nominated William H. Rehnquist as Chief Justice, the Court has invalidated more than three dozen. Under Rehnquist, the Court has compiled a record of judicial activism that is, in some ways, without parallel in the nation's history." 3 Professor Mark Tushnet argued that on the Rehnquist Court: Everyone is a judicial activist. The Rehnquist Court has invalidated laws whose constitutionality was clear under long-established doctrine, using novel analyses that it has sometimes acknowledged cannot be tied closely to the Constitution's text or original understandings. In addition, the Rehnquist Court has asserted, more strongly than the Warren Court, a primary role in enforcing the legal boundaries Congress has to respect, so much so that two respected scholars have written an important article with the accurate title "Dissing Congress." 4 During the "Second Rehnquist Court," the Court pursued a federalism agenda and was active in striking down congressional statutes. 5 Professor Thomas Keck concluded, "In its view toward federal legislative power ... the later Rehnquist Court has been the ...