![]() In the wake of the New Deal, when the Court essentially switched sides, so did its supporters and critics. Progressives, in contrast, who supported economic regulation, criticized the Court, arguing that it was antidemocratic and acting against the will of the people (Paul 1960). For example, in the late nineteenth century, conservatives supported an activist Court because they substantively agreed with the Court’s striking down of legislative attempts to regulate the economy. ![]() One supports a particular outcome, and if the Supreme Court reaches such an outcome, it is to be praised. In evaluating the Court, ideological beliefs inevitably color understanding. It is rare to find legal scholars or political activists who support the outcome of a case but believe the case is wrongly decided. In other words, the evaluations people make about Court decisions are largely based on whether or not they agree with them. McCloskey noted that, historically, debate over controversial Supreme Court decisions has almost always been “a contest between those who happen for the moment to like the Court because it serves their purpose and those who traduce it because it does not” (McCloskey 2005, 244). Writing in 1960 when the Warren Court was facing a great deal of criticism, Robert G. Unlike much of that work, however, it is based on empirical social science, not ideology. ![]() The Hollow Hope is part of a long line of scholarship evaluating the work of the Supreme Court and social change. In addition, at the end of my comments there is a list of major reviews of the book. For the ease of the reader, I will here briefly respond to the most often-stated criticisms. I have responded to some criticisms in an article (Rosenberg 1992) and a book chapter (Rosenberg 1998). Indeed, there have been dozens of reviews of this book, an edited collection of essays evaluating and testing the argument (Schultz 1998), follow-up studies, and countless course papers. ![]() And they have not been reticent in voicing their criticisms and concerns. The book’s argument does not sit easily with many readers. The first edition of The Hollow Hope hit a raw nerve. ![]()
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