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 »

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 »

Georgia State Law Named ACS Rising Chapter of the Year

The American Constitution Society for Law and Policy (ACS) recently named the Georgia State Law chapter as Rising Chapter of the Year for 2015-16. ACS awards this annual recognition to chapters that have made the greatest strides as a new or recently revived chapter in establishing a presence on campus.

The ACS Georgia State… 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 »

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 Legacy, Counter-Clerks, Affirmative Action: Why the Court Should Change Course

There has been a lot written about Justice Antonin Scalia since his passing a few months ago. He was a larger-than-life figure (even by the standards of Supreme Court justices), and no one can deny that he was a tireless public servant who devoted much of his career to government service. He was… 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 »

Perhaps the President Should Defer a Supreme Court Nomination

The Republican leadership in the U.S. Senate has indicated an unwillingness to consider any Supreme Court nominee put forward by President Obama. In response, the president has said that he will exercise his constitutional duty to make such a nomination.

He certainly has that prerogative. The Constitution quite clearly… more »

Why Do We Pretend Supreme Court Justices Are Anything But Political Officials

The late Justice Antonin Scalia believed that the federal Constitution allows states to ban abortion, to prohibit consensual sex between two adults in the privacy of their home as well as same-sex marriage, to keep a prestigious state-funded military college exclusively all male, and to start official legislative sessions… 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 »