Conversation with Richard Re

Our conversation with Richard Re focuses on his Foreword to the Harvard Law Review’s annual Supreme Court Review. The Foreword argues that the Roberts Court today is a conservative version of the Warren Court whose decisions are as supported today or perhaps even better supported today by a political majority as were the Warren Court’s decisions. We suggest that his argument is a domesticated version of the more politically engaged analysis of Supreme Court decisions offered by people associated with Critical Legal Studies—and that the domestication can’t conceal the fundamentally political nature of the Court’s decisions (today or during the Warren Court era). Re in turn disagrees!