ABSTRACT

The Warren Court is dead. None of its Justices remain on the benchindeed, only Justice White survives-and the recent history of the Supreme Court hils been in large part a his tory of repudiating controversial Warren Court doctrines . Public opinion likewise repudiates Warren-style judicial activism, and constitutional scholarship-which as recently as the mid1980s consisted in considerable measure of theoretical defenses for Warren Court-inspired methods of interpreting the Bill of Rights-has grown increasingly skeptical of expansive interpretive strategies. It is quite pos sible that future constitutional historians will regard the Warren era as an aberration. The Warren Court, after all, was not just the most liberal Supreme Court in American history, but arguably the only liberal Supreme Court in American his tory.