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The Trump Court: What’s Next for the Highest Court in the Land

Donald Trump’s election as the 45th president of the United States came as a surprise to many. Regardless of one’s political leanings, most people agree that Trump has at least one important job to do, and he needs to do it soon.

Justice Antonin Scalia, a member of the Supreme Court since 1986, passed away… more »

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 »

Segall: Why We Don’t Need a Ninth Supreme Court Justice

Posted On September 16, 2016 by Eric Segall, Kathy & Lawrence Ashe Professor of Law

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.

When the U.S. Supreme Court begins its 2016-17 term in October, the biggest story will not involve a blockbuster case but the still empty seat created by Justice Antonin Scalia’s death… more »

Segall on Who is Justice Clarence Thomas?

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 »

Segall on Justice Ginsburg and the Emperor’s New Clothes

Posted On July 15, 2016 by Eric Segall, Kathy & Lawrence Ashe Professor of Law

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 »

Deadlocked: What a Nine Word Decision Means for Five-Million Undocumented Immigrants

Shana Tabak, Georgia State University

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 »

Covey Speaks on ABA Law Day ‘Miranda: More than Words’ Panel

Russell Dean Covey, professor of law, participated in the 2016 American Bar Association (ABA) Leon Jaworski Public Program series as part of Law Day 2016.

In recognition of the 50th anniversary of the U.S. Supreme Court ruling in Miranda v. Arizona, the 2016 Law Day theme was “Miranda: More than Words.” Covey… 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 »

Gabel on Foster v. Chatman: Stating the Obvious While Setting an Impossible Precedent

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 »

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 »