The hand-wringers are wrong—an evenly split Supreme Court would end a narrow majority imposing its out-of-step will and would be good for the country.
This week at the Southeastern Association of American Law Schools Annual Conference, I will be leading a discussion group commemorating the 25th anniversary of the nomination of Justice Clarence Thomas. On this blog, and in law reviews, I have been quite critical of Justice Thomas’ constitutional law jurisprudence. For this post, however, I… more »
How does a reliably liberal and feminist Supreme Court Justice get the New York Times Editorial Board, the Washington Post Editorial Board, and approximately 95 percent of Supreme Court commentators and law professors (most of whom reside on the left) to take sides with Donald Trump and against her? Unless you have been on a remote desert… more »
On Thursday, the Supreme Court deadlocked on U.S. v. Texas, the most important immigration case of the year.
Nearly five million people stood to benefit from President Obama’s ambitious policy. It would have delayed deportation of unauthorized immigrants whose children are citizens or legal residents, and whose clean… more »
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 »
In a 7-1 opinion in Foster v. Chatman written by Chief Justice John Roberts, the U.S. Supreme Court reversed the conviction and death sentence of Timothy Tyrone Foster, who was convicted in 1987 by an all-white jury for the murder of Queen Madge White, a retired white schoolteacher.
For nearly 20 years,… more »
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 »
On April 4, the U.S. Supreme Court decided an important case about the nature of our democracy. Although there were partisan political overtones to the case, the vote in Evenwel v. Abbott was 8-0, proving that these justices are capable of deciding a constitutional case unmoved by such political considerations.
The case involved… more »
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.