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How Conservative Justices Are Undertermining Our Democracy (Or What's At Stake In Choosing Justice Scalia, Alan E. Garfield
How Conservative Justices Are Undertermining Our Democracy (Or What's At Stake In Choosing Justice Scalia, Alan E. Garfield
Indiana Law Journal
In this essay, Professor Garfield contends that the conservative justices on the Supreme Court have allowed elected officials to manipulate laws to entrench themselves in office and to disenfranchise voters who threaten their power. The justices’ unwillingness to curb these abuses has largely redounded to the benefit of the Republican Party because Republicans control the majority of state legislatures and have used this power to gerrymander legislative districts and to enact voter‑suppressive laws such as voter ID laws. With Justice Antonin Scalia’s unexpected passing during the administration of a Democratic president, the conservatives’ control of the Court has been put …
Justice Scalia's Truthiness And The Virtues Of Judicial Center, Allen K. Rostron
Justice Scalia's Truthiness And The Virtues Of Judicial Center, Allen K. Rostron
Indiana Law Journal
Antonin Scalia is by far the Supreme Court’s greatest wit and most colorful personality. When I choose audio clips from the Court’s oral arguments to play in my constitutional law classes, I would like to offer a balanced sample of views from the left and right sides of the Court. But I cannot resist loading up on Scalia sound bites, because in almost every major case he serves up the sharpest questioning and most imaginative hypotheticals. His judicial opinions are also remarkably passionate and frank. If he thinks a lawyer’s or even a fellow Justice’s argument is nonsense, he will …
Step Aside, Mr. Senator: A Request For Members Of The Senate Judiciary Committee To Give Up Their Mics, Paul E. Vaglicia
Step Aside, Mr. Senator: A Request For Members Of The Senate Judiciary Committee To Give Up Their Mics, Paul E. Vaglicia
Indiana Law Journal
In 1995, a law professor at the University of Chicago Law School dubbed the Supreme Court confirmation hearings “vapid and hollow” and added that they, as implemented, “serve little educative function, except perhaps to reinforce lessons of cynicism that citizens often glean from government.” Ironically, this same law professor, Elena Kagan, later endured the confirmation hearings as a nominee and currently sits as the 112th Justice of the U.S. Supreme Court. While she may be one of the few to ever reach a seat on the High Court, she is not alone in her assessment of the Supreme Court’s lackluster …
Building The Federal Judiciary (Literally And Legally): The Monuments Of Chief Justices Taft, Warren And Rehnquist, Judith Resnik
Building The Federal Judiciary (Literally And Legally): The Monuments Of Chief Justices Taft, Warren And Rehnquist, Judith Resnik
Indiana Law Journal
The “federal courts” took on their now familiar contours over the course of the twentieth century. Three chief justices—William Howard Taft, Earl Warren, and William Rehnquist—played pivotal roles in shaping the institutional, jurisprudential, and physical premises. Taft is well known for promoting a building to house the U.S. Supreme Court and for launching the administrative infrastructure that came to govern the federal courts. Earl Warren’s name has become the shorthand for a jurisprudential shift from state toward federal authority; the Warren Court offered an expansive understanding of the role federal courts could play in enabling access for a host of …
The Burger Court, The Commerce Clause, And The Problem Of Differential Treatment, Earl M. Maltz
The Burger Court, The Commerce Clause, And The Problem Of Differential Treatment, Earl M. Maltz
Indiana Law Journal
No abstract provided.
A Solid Chief Justice, Beryl Harold Levy