Activist Courts and Unprecedented Partisanship

In popular media, it is commonly said nowadays that the United States Supreme Court is unusually activist and that we live in unusually partisan times. The goal of this presentation is to contextualize our current moment by examining other turbulent periods in history.

Donelson begins in the 1790s, describing the intense political rancor of the era and recounting stories of angry mobs who organized against undesirable decisions and the courts that made them. Next, he uses two case studies to explore moments of judicial activism and high partisanship. First, he highlights the Lochner Era Court, which blocked various labor reform efforts before later courts allowed these popular measures to take effect. Second, he discusses the Warren Court, which attempted a bold reimagining of the country, one that fundamentally changed the fabric of American life regarding race, voting, policing, and more.

In each instance, judicial activism eventually receded because the country settled into a new normal; sometimes that new normal reflected the activist court’s vision and sometimes not. But the new normal is always short-lived. By understanding that judicial activism and extreme partisanship emerge in cycles, audience members will walk away realizing how examining past legal and political struggles can add perspective and offer hope for the future.