In a forthcoming essay in the Wayne Law Review, “The Roberts Court at Age Three,” Dean Erwin Chemerinsky makes the fantastic claim that the Roberts Court “is the most conservative Court since the mid-1930s.” In the paper, he explains what he means:
What does it mean to say that the Court is more conservative than its predecessor Courts, the Rehnquist, Burger, and Warren Courts? It is notably more conservative on the issues that in our society today are often the litmus tests for ideology: abortion and race. I also believe that it will be much more conservative on issues of separation of church and state, but they have not yet been presented to the Roberts Court. Also, it is a Court that, overall, is very pro-business. The one area where the Roberts Court has not been conservative is in its rulings against the Bush administration