Question
Consider the political characteristics and implications of Justice Rehnquist's positions inVermont Yankee and his dissent in Motor Vehicle Manufacturers Assn. v. State Farm Mutual Automobile
Consider the political characteristics and implications of Justice Rehnquist's positions inVermont Yankee and his dissent in Motor Vehicle Manufacturers Assn. v. State Farm Mutual Automobile Ins. Co. Justice Rehnquist was generally regarded as a proponent of judicial self- restraint, and both of these decisions seek to reduce the oversight of the courts in the administrative process. But he was also by reputation a conservative, an Arizona Republican appointed by President Nixon. Is it not fair to say that both these decisions are pro-government?Can we best explain Justice Rehnquist's position by pointing out that free enterprise benefited bythe policies he allowed the agencies to pursue, or are other, less ideological factors at work?
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