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    We Dissent Talking Back to the Rehnquist Court, Eight Cases That Subverted Civil Liberties and Civil Rights

    ISBN-10: 0814707238
    ISBN-13: 9780814707234
    Author(s): Michael Avery
    Description: We Dissent boldly takes the Constitution back from the Rehnquist Court that has reneged on its promises, and eloquently shows us what the Constitution can be at its best -- a progressive guardian of liberty, equality, and justice for the most  More...
    Buy it from: $3.94
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    List Price: $35.00
    Publisher: New York University Press
    Binding: Hardcover
    Pages: 245
    Size: 6.50" wide x 9.50" long x 0.50" tall
    Weight: 0.990
    Language: English

    We Dissent boldly takes the Constitution back from the Rehnquist Court that has reneged on its promises, and eloquently shows us what the Constitution can be at its best -- a progressive guardian of liberty, equality, and justice for the most vulnerable. --David Cole, author of Enemy Aliens: Double Standards and Constitutional Freedoms in the War on Terrorism The lawyers and legal commentators who contribute to We Dissent unanimously agree that during Chief Justice William Rehnquists nineteen-year tenure, the Supreme Court failed to adequately protect civil liberties and civil rights. This is evident in majority opinions written for numerous cases heard by the Rehnquist Court, and eight of those cases are re-examined here, with contributors offering dissents to the Courts decisions. The Supreme Court opinions criticized in We Dissent suggest that the Rehnquist Court placed the interests of government above the people, and as the dissents in this book demonstrate, the Court strayed far from our constitutional ideals when it abandoned its commitment to the protection of the individual rights of Americans. Each chapter focuses on a different case -- ranging from torture to search and seizure, and from racial profiling to the freedom of political expression -- with contributors summarizing the case and the decision, and then offering their own dissent to the majority opinion. For some cases featured in the book, the Courts majority decisions were unanimous, so readers can see here for the first time what a dissent might have looked like. In other cases, contributors offer alternative dissents to the minority opinion, thereby widening the scope of opposition to key civil liberties decisions made by the Rehnquist Court. Taken together, the dissents in this unique book address the pressing issue of Constitutional protection of individual freedom, and present a vision of constitutional law in the United States that differs considerably from the recent jurisprudence of the United States Supreme Court. This vision takes seriously a commitment to democratic values, social justice and racial equality and insists upon governmental accountability to our citizens and others protected by the Constitution. Contributors: Michael Avery, Erwin Chemerinsky,Marjorie Cohn, Tracey Maclin, Eva Paterson, Jamin Raskin, David Rudovsky, Susan Kiyomi Serrano, and Abbe Smith.

    Introduction
    Alden v. Maine: Sovereign Immunity-A Vestige of Monarchy Inconsistent with Democratic Values
    Arkansas Educational Television Commission v. Forbes: Betraying Freedom of Political Expression and Undermining Democracy
    Cuyahoga Falls v. Buckeye: The Supreme Court's "Intent Doctrine"-Undermining Viable Discrimination Claims and Remedies for People of Color
    United States v. Whren: The Fourth Amendment Problem with Pretextual Traffic Stops
    County Of Sacramento v. Lewis: Protecting Life and Liberty Under the Constitution-Reckless Indifference to Life Does Not Shock the Conscience of the Supreme Court
    Chavez v. Martinez: The Court Fails to Hold That Interrogation by Means of Torture Is Unconstitutional
    Saucier v. Katz: Qualified Immunity as a Doctrine of Dilution of Constitutional Rights
    Strickland v. Washington: Gutting Gideon and Providing Cover for Incompetent Counsel
    Note to the Reader Regarding Legal Citations
    About the Contributors
    Index

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