In response to a Chicago Tribune op-ed by Northwestern law professor Stephen Presser titled “What American law professors forgot and what Trump knew” (11/18/2016), Dean Harold Krent wrote a letter to the editor, published November 25, 2016, refuting Professor Presser’s claim that American law professors are out of touch.
What does a Trump Presidency have in store for the Supreme Court? Answering this question requires considering two separate, albeit related, questions: (1) the impact of one or more Trump nominees on the Supreme Court, and (2) the possible legal challenges to policy Trump has endorsed that might end up in the Supreme Court. In this post, I’ll focus on the first question; in a subsequent post, I’ll look at the second.
One of the immediate implications of Trump’s victory is that President Obama nominee Merrick Garland’s hopes of getting on the Supreme Court are over. The seat left vacant by Justice Scalia’s death in February will remain open until the new President has an opportunity to make his own nomination. (Some have urged Obama to simply give Garland his seat based on the fact that the Senate’s refusal to hold hearings constitutes some sort of consent. But it is hard to imagine the current President seriously considering this constitutionally questionable path.) The Republican strategy of refusing to hold Senate hearings on the nominee until after the election worked. What looked a few weeks ago like a desperate stalling action that had run its course now looks like a high-stakes gamble that paid off.
Professor Edward Lee spoke on WTTW’s “Chicago Tonight” on November 21, 2016, about the spread of fake news on the internet and what can be done about it.
Professor Carolyn Shapiro appeared on WTTW’s “Chicago Tonight” on November 15, 2016, to discuss how a Trump presidency might shape the U.S. Supreme Court.
Professor Anthony Michael Kreis responded to a survey of LGBTQ people across the country for Slate in which he expressed his concerns that President-elect Trump would roll back LGBTQ civil rights gains of the last eight years by reversing President Obama’s executive orders and by appointing anti-gay judges.