1702693215 Robert Dahl’s assessment of the Court’s role in the political system is from his article “Decision-Making in a Democracy: The Supreme Court as a National Policy-Maker,” Journal of Public Law 6 (1957) 279–95. The 1972 Gallup Poll on attitudes toward abortion is discussed in Linda Greenhouse and Reva B. Siegel, Before Roe v. Wade: Voices That Shaped the Abortion Debate Before the Supreme Court’s Ruling (New York: Kaplan, 2010). The political aftermath of the abortion decision is discussed in Linda Greenhouse and Reva B. Siegel, “Before (and After) Roe v. Wade: New Questions About Backlash,” Yale Law Journal 120 (2011): 2028–87.

1702693216

1702693217 Chapter 8

1702693218

1702693219 Thomas Jefferson’s objection to English law is discussed by David J. Seipp in his article, “Our Law, Their Law, History, and the Citation of Foreign Law,” Boston University Law Review 86 (2006): 1417–46. An article that offers a particularly useful comparative analysis in the modern context is John Ferejohn and Pasquale Pasquino’s “Constitutional Adjudication: Lessons from Europe, ” Texas Law Review 82 (2003–2004): 1671–1704.

1702693220

1702693221 Cases cited

1702693222

1702693223 Supreme Court opinions are published by the government in a series of volumes called United States Reports. Opinions are identified by volume and page number. Thus, the official citation for Brown v. Board of Education is 347 U.S. 483 (1954); it appears beginning on page 483 of vol. 347 of United States Reports and was decided in 1954. In the Court’s early decades, there was no United States Reports, and the volumes were known by the name of the Reporter (originally an unofficial, unpaid position) who published them. Thus, Marbury v. Madison is cited today as 1 Cranch(5 U.S.) 137 (1803) because the opinion appeared in a volume produced by William Cranch, the Court’s second Reporter. (The first Reporter was Alexander J. Dallas, whose abbreviated name appears in the citations to the Court’s earliest opinions.) The early volumes were retrospectively assigned “U.S.” volume numbers later in the nineteenth century, after Congress appropriated money to publish the series. The Court’s Reporter of Decisions, as the official position is now known, is still responsible for overseeing the publication of accurate texts of opinions.

1702693224

1702693225 What follows are citations for all opinions mentioned in the text and in the References.

1702693226

1702693227 Atkins v. Virginia, 536 U.S. 304 (2002)

1702693228

1702693229 Board of Regents, University of Alabama v. Garrett, 531 U.S. 356 (2001)

1702693230

1702693231 Boumediene v. Bush, 553 U.S. 723 (2008)

1702693232

1702693233 Bowers v. Hardwick, 478 U.S. 186 (1986)

1702693234

1702693235 Brown v. Board of Education, 347 U.S. 483 (1954)

1702693236

1702693237 Chevron U.S.A., Inc. v. Natural Resources Defense Council, 467 U.S. 837 (1984)

1702693238

1702693239 Chisholm v. Georgia, 2 Dall. (2 U.S.) 419 (1793)

1702693240

1702693241 Citizens United v. Federal Election Commission, 558 U.S. 50 (2010)

1702693242

1702693243 City of Boerne v. Flores, 521 U.S. 507 (1997)

1702693244

1702693245 Clinton v. Jones, 520 U.S. 681 (1997)

1702693246

1702693247 Coker v. Georgia, 433 U.S. 584 (1977)

1702693248

1702693249 Dickerson v. United States, 530 U.S. 428 (2000)

1702693250

1702693251 District of Columbia v. Heller, 554 U.S. 570 (2008)

1702693252

1702693253 Employment Div., Dept. of Human Resources of Oregon v. Smith, 494 U.S. 872 (1990)

1702693254

1702693255 Gonzales v. Raich, 545 U.S. 1 (2005)

1702693256

1702693257 Grutter v. Bollinger, 539 U.S. 306 (2003)

1702693258

1702693259 Hamdan v. Rumsfeld, 545 U.S. 557 (2006)

1702693260

1702693261 Hayburn’s Case, 2 Dall. (2 U.S.) 409 (1792)

1702693262

1702693263 Kennedy v. Louisiana, 554 U.S. 407 (2008)

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