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 »

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 »

Maybe Scalia’s Seat Should Stay Empty for a While

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 »

Texas’s Sham Abortion Laws

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 »

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 »

Filling a Supreme Court Vacancy and Senate Obligations

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 »