If they’d boycotted the hearings to begin with, fine. But they’re going to lose this one—and there are even more important fights ahead.
Eric Segall is the Kathy and Lawrence Ashe Professor of Law at Georgia State University College of Law. He graduated from Emory University and from Vanderbilt Law School, where he was the research editor for the Law Review and member of Order of the Coif. He clerked for two federal judges and then worked for Gibson, Dunn & Crutcher, and the United States Department of Justice, before joining the GSU faculty in 1991.
He has written more than 25 law review articles on constitutional law, and is the author of the book Supreme Myths: Why the Supreme Court Is Not a Court and Its Justices Are Not Justices. He has published op-eds in the Los Angeles Times, Slate, and The Huffington Post, among others, and frequently appears on the radio show Stand Up With Pete Dominick on XM Radio.
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.
Justices publicly wail about their dissenting colleagues’ violations of the Founders’ principles. Yet it’s their own views that decide the majority of cases.
Here’s why gun-reform advocates should welcome a Supreme Court challenge to a recent ruling on the number of firearms an American can register in a month.
While much progress has been made in the world in terms of equal rights for women, most major religions still place women in a lesser role, and people aren’t doing much about it.
The power struggle between Chief Justice John Roberts and Justice Anthony Kennedy might have more say in this summer’s same-sex marriage vote than you think.
The justices would have you believe their choices were limited by prior law, but that is simply false. On issues of race, religion, politics, and technology, the court made decisions that will seriously affect how Americans define themselves as a country and which reflect the justices’ overall value systems much more than their legal perspectives.
The NRA isn’t just blocking new gun laws—it’s going after laws elected representatives have already passed. Judges are being tempted to intervene, but they should stay as far away as possible.
Should a New York town board start sessions with Christian prayers? That’s what the court will hear this week—and the right ruling is clear despite varying judicial decisions on prayer.