TY  - CHAP
AB  - Legalists and social scientists have not been able to explain the expansion of gay rights in a conservative age because they refuse to respect the special qualities of judicial decision making. These qualities require the Supreme Court to look simultaneously at the past, present, and future, and, most importantly, to determine questions of individual rights through a consideration of how citizens are to live under a continuing rights regime. Unless scholars understand how and why Supreme Court decision making differs from that of more directly politically accountable institutions we can expect no greater success in explaining or predicting individual rights in the future.
VL  - 44
SN  - 978-0-7623-1486-7, 978-1-84950-562-8/1059-4337
DO  - 10.1016/S1059-4337(08)00806-5
UR  - https://doi.org/10.1016/S1059-4337(08)00806-5
AU  - Kahn Ronald
ED  - Austin Sarat
PY  - 2008
Y1  - 2008/01/01
TI  - Why Does a Moderate/Conservative Supreme Court in a Conservative Age Expand Gay Rights?: Lawrence v. Texas
T2  - Special Issue Constitutional Politics in a Conservative Era
T3  - Studies in Law, Politics, and Society
PB  - Emerald Group Publishing Limited
SP  - 173
EP  - 217
Y2  - 2024/04/24
ER  -