Archives

The 2016 Election, the Supreme Court and the Problems of Life Tenure

The 2016 presidential election will almost certainly have a major and dramatic impact on the political direction of the United States Supreme Court. Donald Trump has promised to nominate conservative justices, and the list of potential nominees he made public is consistent with his pledge. Hillary Clinton, if elected, would of course nominate justices… more »

Segall: Benefits of an Evenly Split Court Will Become Apparent

Prior to Justice Antonin Scalia’s death in February, Justice Anthony Kennedy’s votes drove most five-to-four Supreme Court decisions. From 2010 to 2015, for example, Justice Kennedy provided the swing vote a whopping 84 percent of the time with Chief Justice John Roberts well behind at 61 percent. As Professor David Cohen has said, “the Court’s… more »

Newsweek Picks Up Segall’s Satirical Article on Trump

When a friend made a joke about presidential candidate Donald Trump firing U.S. Supreme Court justices, Eric Segall got an idea for a satirical blog article. He was quite surprised when Newsweek picked it up for newsweek.com.

The Kathy and Lawrence Ashe Professor of Law wrote You’re Fired, Mr. Chief… more »

We Don’t Need Another Scalia: Why Liberals Should Embrace a 4-4 Court

There has been an avalanche of essays, articles and blog posts discussing Justice Antonin Scalia’s successor. The vacancy is much more important than most prior empty seats because the Supreme Court, for the first time, is divided four-to-four among Democrats and Republicans with the most conservative Democrat (Breyer) being more liberal than the most liberal… more »

Scalia’s Cruel Irony: Absence Exposes Truth About Supreme Court

Justice Antonin Scalia’s empty seat at the Supreme Court generated two orders the week of March 28 that demonstrate yet again the essentially political nature of our highest Court.

First, in a widely watched case involving a First Amendment challenge to the mandatory payment of public sector union dues, the Court divided 4-4 (presumably among… more »

Why the U.S. Supreme Court is Not ‘Just Another Political Branch’

It has become fashionable lately to describe the U.S. Supreme Court as “just another political branch,” along with Congress and the presidency. Eric Segall, a colleague and friend, and I have been arguing about this characterization of the Court for years. He thinks that the public perception of the Court and… more »

Panel: Stakes High in Appointment of Supreme Court Justice

What happens now? That’s the question many are asking after the the sudden death of Supreme Court Justice Antonin Scalia.

Georgia State Law professors Neil Kinkopf, Eric Segall, Patrick Wiseman and Emory University Associate Law Professor Alexander “Sasha” Volokh… more »

Segall: Supreme Court Should Not Hear Landmark Cases Without Full Bench

Justice Antonin Scalia’s death will likely cause huge political turmoil, said Eric Segall, Kathy and Lawrence Professor of Law at Georgia State University College of Law. “We are in uncharted territory here.”

In the News Listen to Pete Dominck’s interview of Eric Segall on Justice Antonin Scalia>> Listen… more »

Segall Debates Blackman on ‘Picking the Next Justices’

Eric J. Segall, Georgia State University Kathy and Lawrence Ashe Professor of Law, faced off against Josh Blackman, associate professor of law at the South Texas College of Law, during a riveting debate, “Picking the Next Justices,” on Oct. 29 for the Georgia State chapter of The Federalist Society.

Appointing… more »

King v. Burwell Tests the U.S. Supreme Court’s Reputation

If the Supreme Court sides with the plaintiffs in King v. Burwell, and holds that federal tax credits are unavailable for millions of people who purchase their insurance on federal health exchanges, many will suffer needlessly and insurance markets may well be destroyed in 36 states. In addition to the health insurance implications, this case… more »