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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 »

Justice Scalia’s Final Mark on Corporate Law May Be Form Over Substance

Justice Antonin Scalia’s sudden passing has generated a tidal wave of media and academic attention on the future of the Supreme Court. As a corporate law scholar, I have to admit to a tinge of jealousy to be seemingly outside of this controversy, the hand wringing, and the political equivalent of Dungeons and Dragons that… more »

Students Organize Feb. 17 Panel on Implications of Justice Scalia’s Death

The Georgia State Law American Constitution Society students tapped Professors Neil Kinkopf, Eric Segall, Patrick Wiseman and Emory University Associate Law Professor Alexander “Sasha” Volokh, for a noon panel discussion, “Implications of Justice Scalia’s Death,” on Wednesday, Feb. 17, in Room 241.

Implications of Justice Scalia’s Death Time and… more »

A Brief History of Supreme Court Nominations During a Presidential Election Year

Starting almost immediately after the reports of Justice Scalia’s death, there has been controversy over whether President Obama can make a nomination to fill the vacancy and, if so, whether the Senate should consider a nomination given that it is a presidential election year. President Obama has announced his intention to make a nomination and… more »

Four Steps To Appointing a Supreme Court Justice

With the unexpected death of United States Supreme Court Justice Antonin Scalia this weekend, the political battle lines have been drawn. President Obama has made clear that he plans to nominate a successor. His opposition is equally adamant that he should not do so, but allow the choice to be made by… more »