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 »
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 »
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 »
In my March 7 Salon piece, I argued that a constitutional crisis over the vacant seat left by Justice Antonin Scalia might actually be a good thing for the Supreme Court and the country. A prolonged political war over the next justice might display starkly the politicized nature of the Court… more »
On Wednesday, the Supreme Court will hear arguments in an historic abortion case, Whole Woman’s Health v. Cole, involving two Texas laws that, if upheld, will make it much more difficult for poor women in Texas to obtain abortions. The death of Justice Scalia has little effect on the outcome of this case. There are… more »
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 »
What happens now? That’s the question many are asking after the the sudden death of Supreme Court Justice Antonin Scalia.
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 »
Sen. Mitch McConnell and every Republican presidential candidate to the contrary notwithstanding, there is no legitimate reason to delay appointment of a successor to Justice Antonin Scalia. The U.S. Constitution provides for the president to nominate and, by and with the advice and consent of the U.S.… more »
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 »