Jump to ContentJump to Main Navigation
Making Legal HistoryEssays in Honor of William E. Nelson$
Users without a subscription are not able to see the full content.

Daniel J. Hulsebosch and R. B. Bernstein

Print publication date: 2013

Print ISBN-13: 9780814725269

Published to NYU Press Scholarship Online: March 2016

DOI: 10.18574/nyu/9780814725269.001.0001

Show Summary Details
Page of

PRINTED FROM NYU Press SCHOLARSHIP ONLINE (www.nyu.universitypressscholarship.com). (c) Copyright University of NYU Press Press, 2021. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in NYSO for personal use.date: 08 March 2021

An Unexpected Antagonist

An Unexpected Antagonist

Courts, Deregulation, and Conservative Judicial Ideology, 1980–94

(p.264) 10 An Unexpected Antagonist
Making Legal History

Reuel Schiller

NYU Press

This chapter argues that the Reagan administration's policy of “executive deregulation” largely failed because the federal courts rejected the administration's attempts to do this—even during Reagan's second term, when his appointees had come to dominate the federal judiciary. Judicial rejection of executive deregulation illustrates some of the contradictions in late-twentieth-century conservative ideology. Reagan-era conservatives were committed to anti-statist beliefs, out of which deregulation naturally flowed, but many also were committed to controlling “judicial activism.” The means deployed by these conservatives included textualism and a commitment to originalism in both constitutional and statutory interpretation. These approaches undermined executive deregulation. In this instance, conservative judicial method trumped conservative executive policy.

Keywords:   Reagan administration, executive deregulation, conservatives, judicial activism, textualism, originalism

NYU Press Scholarship Online requires a subscription or purchase to access the full text of books within the service. Public users can however freely search the site and view the abstracts and keywords for each book and chapter.

Please, subscribe or login to access full text content.

If you think you should have access to this title, please contact your librarian.

To troubleshoot, please check our FAQs, and if you can't find the answer there, please contact us.