Category Archives: Term

“Get Over It”: Justice Scalia and Bush v. Gore, Roe v. Wade and Obergefell v. Hodges

This post originally appeared on Nahmod Law by Sheldon Nahmod, Distinguished Professor of Law at IIT Chicago-Kent College of Law. Follow him on twitter @NahmodLaw. It is one of the worst Supreme Court decisions in history. No, I’m not referring to Dred Scott v. Sanford, which held that blacks could never be U.S. citizens, thereby making the … Continue reading “Get Over It”: Justice Scalia and Bush v. Gore, Roe v. Wade and Obergefell v. Hodges

The Supreme Court Vacancy: Constitutional and Political Issues

Post by Vinay Harpalani, J.D., Ph.D., Associate Professor of Law at Savannah Law School. Follow him on twitter at @VinayHarpalani. With Justice Antonin Scalia’s passing on February 13, the U.S. Supreme Court is at a crossroads.  America is also currently in the midst of a contentious Presidential primary season, particularly on the Republican side. In the coming months … Continue reading The Supreme Court Vacancy: Constitutional and Political Issues

How Scalia Played With Fire

The following opinion piece by Carolyn Shapiro, “How Scalia played with fire,” was posted February 16, 2016, on cnn.com. The late Justice Antonin Scalia has been justly praised for his tremendous intellect, his resounding influence on the law and his supremely accessible opinions. And since his death Saturday, many commentators have noted his sincere, long friendship with liberal … Continue reading How Scalia Played With Fire

Justice Scalia—Bringing the Dead Constitution Alive

Whether or not one admires the judicial conservatism that Justice Scalia advocated so fervently during his almost three decades on the Supreme Court, the Justice’s legacy also includes a contribution that Americans across the ideological spectrum should appreciate: a dedication to sharing his vision of the Court and the Constitution with the American people. A … Continue reading Justice Scalia—Bringing the Dead Constitution Alive

Obama’s Immigration Program and the Supreme Court

The Supreme Court agreed last week to review a legal challenge to President Obama’s plans to use his executive power to revamp immigration policy, and since then commentators have been weighing in with explanations and prognostications.  Here is a survey of where the issue now stands. The case of United States v. Texas involves a … Continue reading Obama’s Immigration Program and the Supreme Court

The Week Ahead at the Supreme Court

The Supreme Court has four oral arguments scheduled this week. On Tuesday, the Court hears Heffernan v. City of Paterson, a First Amendment case regarding a police officer who was demoted based on his perceived political affiliation. Officer Heffernan was demoted because his superiors believed he was supporting the incumbent police chief’s opponent in an … Continue reading The Week Ahead at the Supreme Court

The Fishing Expedition Continues: Will there be a Fisher III?

Guest post by Vinay Harpalani, Associate Professor at Savannah Law School On Wednesday, December 9, for the second time, the U.S. Supreme Court heard oral arguments in Fisher v. University of Texas at Austin. The question in Fisher II is the exactly the same it was in Fisher I: does the University of Texas at … Continue reading The Fishing Expedition Continues: Will there be a Fisher III?

What to Look For In Tomorrow’s Evenwell v. Abbott Oral Argument

Tomorrow the Supreme Court will hear oral arguments in Evenwell v. Abbott, a voting rights case. Evenwell involves the one person, one vote standard the Court developed in the 1960s. In Reynolds v. Sims (1964), the Court held that voting districts that vary widely in population violate the Equal Protection Clause of the Fourteenth Amendment … Continue reading What to Look For In Tomorrow’s Evenwell v. Abbott Oral Argument

Looking Ahead to Next Week at the Supreme Court

Next week promises to be a big week at the Supreme Court.  Two major cases are scheduled for argument, one a case involving voting rights, the other an affirmative action case. Each has potentially dramatic consequences.   Evenwel v. Abbott, which will be argued on Tuesday, December 8, revisits the one person-one vote principle that … Continue reading Looking Ahead to Next Week at the Supreme Court

Race and Peremptory Challenges at the Supreme Court: Assessing Foster v. Chatman

Guest Post by Nancy S. Marder, Professor of Law, Director of the Justice John Paul Stevens Jury Center, and Co-Director of the Institute for Law and the Humanities at IIT Chicago-Kent. On November 2, 2015, the United States Supreme Court heard oral argument in Foster v. Chatman.  The petitioner in this case, Timothy Tyrone Foster, asked … Continue reading Race and Peremptory Challenges at the Supreme Court: Assessing Foster v. Chatman