Erwin Chemerinsky: What Nov. 6 Means for the Supreme CourtRoundup: Historians' Take
Erwin Chemerinsky is dean and professor of law at the UC Irvine School of Law.
The future of the Supreme Court is the forgotten issue in this year's presidential election. This is surprising and disturbing because a president's picks for the federal judiciary are one of the most long-lasting legacies of any presidency. There is a sharp contrast between the types of individuals that Barack Obama and Mitt Romney would place on the Supreme Court and the lower federal courts, yet neither is saying much about it.
Recent history powerfully shows the importance of presidential elections to Supreme Court decision-making. Imagine that Al Gore or John Kerry had been elected president and one of them, rather than George W. Bush, had been able to replace William Rehnquist and Sandra Day O'Connor in 2005. The high court likely would not have found a right for corporations to spend unlimited amounts of money in elections in Citizens United vs. Federal Election Commission (2010), or a right of individuals to own and possess guns in District of Columbia vs. Heller (2008), or upheld the federal Partial Birth Abortion Ban Act in Gonzales vs. Carhart (2007)....
comments powered by Disqus
- 159 scholars at Harvard sign petition reprimanding the school for rejections of Chelsea Manning and Michelle Jones
- Fact Check: Steve Bannon’s Bad History
- The Story Behind the Truman Quote in President Trump's U.N. Speech
- As Trump Declares Missing in Action Recognition Day, How Many Service Members Are Missing?
- The ‘nation’s report card’ says it assesses critical thinking in history
- Eric Foner discusses the manipulation of history
- Male historian tapped to lead Department of Women, Gender and Sexuality Studies at the University of Kansas
- Decline in History Majors Continues, Departments Respond
- He’s 75 now. When he started teaching at the University of New Orleans students walked out on his class.
- ‘Fake news’ from 1738 offers lessons for modern historians, says Missouri scholar