U.S. Supreme Court 2016-17 Term

To Fix Confirmation Process We Need to Face the Truth About SCOTUS

Posted On April 24, 2017 by Eric Segall, Kathy and Lawrence Ashe Professor of Law

As the dust settles over the bitterly partisan confirmation battles over Judge Garland and Justice Gorsuch, there is a large consensus that the Supreme Court is a damaged if not broken institution. Liberal commentators have been speculating, for the first time in 85 years, about the possibility of a Court packing plan the next time… more »

Ten Questions for Judge Neil Gorsuch

Posted On March 17, 2017 by By Eric Segall, Kathy and Lawrence Ashe Professor of Law

On March 20, the Senate will begin the confirmation hearings for Judge Neil Gorsuch. Based on his meetings with a few Senate Democrats, it appears he will be reluctant, like most nominees, to answer any question relating to his specific views on already decided cases or the existing state of the law. This… more »

Why Senate Democrats Should Reject Judge Neil Gorsuch

Professor Fred Smith, in a Feb. 5 Atlanta Journal-Constitution opinion piece, says Democrats should give Judge Neil Gorsuch a respectful and fair hearing. They should, and then they should vote against his confirmation.

The process by which judges are nominated and appointed to the U.S. Supreme Court is a political one, and designed… more »

Law, Politics and the Courts in Difficult Times

Given President Trump’s recent (and not so recent) attacks on the federal judiciary, it is not surprising that Justice Stephen Breyer choose to speak out on Saturday (Feb. about the public’s mistaken notion that “we are actually politicians.” Breyer emphasized that the justices go through each case “with an open mind” and that… more »

Is Trump’s Nominee Neil Gorsuch a Judicial or a Political Appointment?

On Tuesday, federal appeals court Judge Neil Gorsuch took home the red rose when President Donald Trump nominated him to the Supreme Court to fill the vacancy left by the late Justice Antonin Scalia.

So is he everything the Republicans hoped for when they decided to ignore the nomination of Merrick Garland, and… more »

Gorsuch Nomination Guarantee for Compelling Political Theater

The president’s pick for the U.S. Supreme Court, Neil Gorsuch of the U.S. Court of Appeals for the 10th Circuit, is not likely to impact the ideological balance on the Court between conservative and liberal justices. After all, nominee Judge Gorsuch would be taking the seat vacated by the late Associate Justice Antonin Scalia, who… more »