U.S. Supreme Court

Supreme Court Should Remain at Eight Justices, Segall Tells Board of Visitors

Eric Segall, the Kathy and Lawrence Ashe Professor of Law, presented his “wild and crazy idea” for the U.S. Supreme Court during the Holiday Luncheon for the Georgia State Law Board of Visitors and Law Alumni Council on Dec. 6. Segall posits that the Court should only have eight justices, evenly divided between… more »

The Trump Court: What’s Next for the Highest Court in the Land

Donald Trump’s election as the 45th president of the United States came as a surprise to many. Regardless of one’s political leanings, most people agree that Trump has at least one important job to do, and he needs to do it soon.

Justice Antonin Scalia, a member of the Supreme Court since 1986, passed away… more »

Segall on Storm Clouds over SCOTUS

Posted On November 14, 2016 by Eric Segall, Kathy and Lawrence Ashe Professor of Law

It has been a rough year for the Supreme Court of the United States. Justice Antonin Scalia passed away unexpectedly in February. That very night, the Senate Majority Leader announced that the seat would remain vacant until the next President took office, which meant an incomplete Court for the remainder of the 2015-16 term and… more »

Segall: Alexander Hamilton and the New Supreme Court Term

As the Supreme Court’s new term begins, many court watchers have observed that the justices don’t have the usual front-page, nationally important cases on their docket.

By this time a year ago, the Supreme Court had already decided to hear controversial affirmative action, free speech and redistricting cases. Soon thereafter the… more »

Segall: Why We Don’t Need a Ninth Supreme Court Justice

Posted On September 16, 2016 by Eric Segall, Kathy & Lawrence Ashe Professor of Law

The hand-wringers are wrong—an evenly split Supreme Court would end a narrow majority imposing its out-of-step will and would be good for the country.

When the U.S. Supreme Court begins its 2016-17 term in October, the biggest story will not involve a blockbuster case but the still empty seat created by Justice Antonin Scalia’s death… more »

Supreme Irony: GOP Talking Points and Scalia’s True Legacy

Donald Trump is running one of the most bizarre political campaigns in American history. His positions on Mexican immigration, Muslims, and NATO are outside even the usual GOP mainstream. But there is one area of public policy where Trump has closely hewed to the traditional Republican line (at least until Tuesday when he suggested… more »

Segall on Who is Justice Clarence Thomas?

This week at the Southeastern Association of American Law Schools Annual Conference, I will be leading a discussion group commemorating the 25th anniversary of the nomination of Justice Clarence Thomas. On this blog, and in law reviews, I have been quite critical of Justice Thomas’ constitutional law jurisprudence. For this post, however, I… more »

Is the Constitution at Stake in this Year’s Election?

Patrick Wiseman, Georgia State University

If Senate Republicans are true to their word, the next president of the United States will nominate Justice Antonin Scalia’s replacement.

Given the age of several other members of the Supreme Court and rumors of others’ retirement, it is likely the next president will make as many as… more »

Deadlocked: What a Nine Word Decision Means for Five-Million Undocumented Immigrants

Shana Tabak, Georgia State University

On Thursday, the Supreme Court deadlocked on U.S. v. Texas, the most important immigration case of the year.

Nearly five million people stood to benefit from President Obama’s ambitious policy. It would have delayed deportation of unauthorized immigrants whose children are citizens or legal residents, and whose clean… more »

Segall on Justice Scalia’s Cruelest Irony: The Real Impact of a 4-4 Supreme Court

Justice Antonin Scalia’s death dramatically affected the Supreme Court, the course of constitutional law, and the entire country. But there is one person whose career and influence was changed the most the moment Justice Scalia passed away. One person who, in one sense, was Justice Scalia’s foe, but in another, a much-needed ally. That person… more »