This book shows how an increasingly conservative Supreme Court has undermined the enforcement of rights through strategies rejected by Congress.

Stephen B. Burbank is David Berger Professor at the University of Pennsylvania Law School. He is the author of numerous articles drawing on interdisciplinary perspectives and served as Chair of the Board of the American Academy of Political and Social Science. Burbank was a member of the National Commission on Judicial Discipline and Removal and a principal author of its report.

1. Retrenching rights in institutional context: constraints and opportunities; 2. The legislative counterrevolution: emergence, growth, and disappointment; 3. The rulemaking counterrevolution: birth, reaction, and struggle; 4. The counterrevolution in the Supreme Court: succeeding; 5. The subterranean counterrevolution: the Supreme Court, the media, and public opinion; 6. Rights, retrenchment, and democratic governance.