Although the beginning of the Supreme Court’s October Term 2017 is still over a month away, at many law schools, the fall semester is up and running. Here at Chicago-Kent, I’m teaching a course I developed several years ago called “Supreme Court Review.” It’s a terrific course to teach. The subject matter—the past, present, and future of the Supreme Court of the United States—is utterly fascinating. One of the pleasures of the course is that it gives me an opportunity to join the students in an exploration of this mysterious, occasionally even downright strange, yet profoundly consequential institution. Another reason I enjoy teaching the course is that I structure it so that its content changes so much year to year.
The basic organization of the course is always the same. I dedicate the first few—classeswhich are weekly two-hour sessions—to looking at the history of the Supreme Court, its internal operations, and the current roster of justices. (This year, I’m using David M. O’Brien’s Storm Center: The Supreme Court in American Politics—a cornucopia of information, much of it quite entertaining, on the Court—along with a collection of articles on the Court and profiles of individual justices.) The middle part of the course looks back to the last Term of the Court, picking out a handful of the most important cases decided and dedicating an entire class to a deep dive into each decision, often supplemented with audio clips from oral argument and (once they become available in October) audio from opinion announcements. The last third of the course looks at the new Term that, by then, has begun. So in that part of the course we read lower court opinions, briefs, and, when the timing is right, listen to recently uploaded oral arguments in the cases.
It’s a fun, and often unpredictable, ride from start to finish. Last year, for example, there was a terrific collection of cases from the prior Term (including major decisions involving affirmative action, abortion, police searches, and executive power), but there was a rather less interesting upcoming docket. So alongside upcoming cases, we talked about the appointments process (we were in the middle of the Garland blockade strategy of congressional Republicans) and, following the election, the potential impact of President Trump on the Court. This year we have a quite different situation. While last Term was something of a sleeper, the upcoming Term is shaping up to be a blockbuster. So I’ve condensed the middle part of the course and given more space to the last part, when we follow cases that are currently being briefed and argued. I’m looking forward to joining the class on deep dives into the upcoming Supreme Court cases on partisan gerrymandering, Trump’s travel ban, cell phones and privacy, gay rights and religious liberty, among others.