Judicial Review, Judicial Restraint, Judicial Activism and Rights

Michael Pugliese debsian at pacbell.net
Thu May 17 08:26:50 PDT 2001


Nathan Newman>It also reflected the need for the US establishment to compete with the Soviet Union ideologically; Apartheid segregation in the South was an embarassment that most of the national elite was against, so the Court was not acting in defiance of the elite but as its handmaiden, taking the heat for decisions where Southern Democratic filibusters would block action - not a bad reason for the Court to act, but hardly one reflecting non-elite interests...

Adolph Reed, Jr., "Black Particularity Reconsidered, " and Joan Roelofs, "The Warren Court and Corporate Capitalism, " both in Telos # 39 back in '79. Also see new book published by Princeton University Press by Mary Dudziak, "Cold War Civil Rights, " and the new one by Garry Gerstle, I would think would be worth a look see. Michael Pugliese



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