The Rehnquist Court and Criminal Justice

Abstract

An empirical analysis of decisions by the Rehnquist Court can illuminate the trends that shape the contemporary Supreme Court’s impact on criminal justice. By recognizing the small number and mixed content of criminal justice cases decided by the Court each year, the importance of other appellate courts becomes apparent. The Court’s decisions and the voting patterns of its justices confirm the Rehnquist Court’s generally conservative reputation with respect to criminal justice issues. However, the Court produces more decisions, including unanimous opinions, supporting individuals’ claims than is generally recognized. In addition, the liberal 5-to-4 decisions of the Court are not primarily attributable to decisive votes of the so-called swing justices, Justices O’Connor and Kennedy; conservative Justices Scalia and Thomas also contribute to those liberal outcomes.