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Kulturkampf and Spite: The Rehnquist Court and American "Theoconservatism"

Alex Schulman
Law and Literature
Vol. 22, No. 1 (Spring 2010), pp. 48-75
Published by: Taylor & Francis, Ltd. on behalf of the Cardozo School of Law
DOI: 10.1525/lal.2010.22.1.48
Stable URL: http://www.jstor.org/stable/10.1525/lal.2010.22.1.48
Page Count: 28
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Kulturkampf and Spite: The Rehnquist Court and American "Theoconservatism"
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Abstract

Despite its reputation for disorderliness, the Supreme Court's religion/state jurisprudence in the Rehnquist era demonstrates a solid pattern of echoing the re-Christianization program of the religious Right. Both of these strands demand to be "read" not only in the traditional legal studies and empirical political science disciplines, but also in the domains of political theory, history of ideas, and study of ideology. In this paper I link the "culture war" identified and strategized by prominent Christian Right thinkers from the 1970s onward to the legal opinions and dissents aired by the Court in subsequent decades.

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