This series for SCOTUSblog will recount two decades of constitutional change through the five editions of our casebook, the first published in 2008 and the latest to be published this December. A casebook on constitutional law, first published in 2008 and updated four times since, has tracked these changes. The latest edition, to be published this December, reflects the court’s evolving stance on various issues, including abortion, affirmative action, and the Second Amendment.
Between 1994 and 2005, the Supreme Court remained relatively stable, with Stephen Breyer serving as the junior justice. However, the death of Chief Justice William Rehnquist and the retirement of Justice Sandra Day O’Connor in 2005 marked the beginning of a new era. The Roberts court, which emerged in the following years, has seen significant changes in its composition, with four new justices joining between 2005 and 2010, and another four added between 2016 and 2022.
Shifting Constitutional Environment
This change in the court’s composition also led to sea changes in constitutional law. The court’s decision in Dobbs v. Jackson Women’s Health Organization overturned Roe v. Wade and Planned Parenthood v. Casey, significantly altering the rules governing abortion rights. The court has also reexamined its stance on affirmative action, with Students for Fair Admissions v. President and Fellows of Harvard College declaring that race-conscious university admissions policies violate the equal protection clause.
The court’s religion clauses jurisprudence has also undergone significant changes, with cases such as Kennedy v. Bremerton School District and Carson v. Makin redefining the boundaries of religious freedom. Additionally, the court has expanded its interpretation of the Second Amendment, with District of Columbia v. Heller and New York State Rifle & Pistol Association, Inc. v. Bruen establishing new precedents for gun rights.
Still, despite all of these changes, a great deal has stayed the same. The decisions of the Marshall court, such as Marbury v. Madison and McCulloch v. Maryland, continue to shape the court’s understanding of its role and the boundaries of congressional power. The court’s decisions on issues such as slavery, segregation, and economic regulation also remain relevant, with cases like Dred Scott v. Sandford and Plessy v. Ferguson serving as cautionary tales about the dangers of judicial overreach.
Historical Context Matters
The narrative of American constitutional law stretches nearly 250 years. The first two centuries of this story have remained stable throughout all editions of our casebook and are unlikely to change in the future. The Marshall court’s decisions, which established the Supreme Court’s role as a co-equal branch of government, continue to influence the court’s decisions today. The Civil War and Reconstruction periods also saw significant developments in constitutional law, with cases like Ex parte Merryman and United States v. Cruikshank shaping the court’s understanding of presidential power and the privileges or immunities clause of the 14th Amendment.
The court‘s composition, with its current mix of conservative and liberal justices, will play a significant role in shaping the trajectory of constitutional law.
The Warren court, which sat from 1953 to 1969, was a period of significant development in constitutional law, with landmark cases like Brown v. Board of Education and Griswold v. Connecticut establishing new precedents for equal protection and individual rights. The court’s decisions during this period continue to influence its rulings today, with many of the cases from this era remaining part of the constitutional canon.
