Below is a round-up of the latest from the Battle for the Constitution: a special project on the constitutional debates in American life, in partnership with The Atlantic.
The Constitution Is on Pause in America’s Courtrooms
By Jessica A. Roth, Professor of Law and Co-Director of the Jacob Burns Center for Ethics in the Practice of Law, Yeshiva University Cardozo School of Law
Jessica A. Roth lays out the myriad challenges COVID-19 presents for conducting criminal trials, from constitutional to practical issues.
Senate Republicans Are Playing a Dangerous Game with the Court’s Legitimacy
By Jane Chong, Lawyer, Williams & Connolly
Jane Chong writes that Senate Republicans are twisting the idea of precedent to defend their attempt to place a new Justice on the Supreme Court—and that it could harm the Court’s legitimacy.
America’s Judiciary Doesn’t Look Like America
By Noel Wise, Judge, California Superior Court
Noel Wise discusses the lack of diversity in Donald Trump’s judicial appointments—and in the judiciary more broadly—and says it will harm the public’s confidence in the courts.
The Secret Code of the Amy Coney Barrett Hearing
By Mary Ziegler, Stearns Weaver Miller Professor, Florida State University College of Law
Mary Ziegler writes that it is important to note the difference in Judge Amy Coney Barrett’s usage of the phrase “precedent”—meaning an issue has been previously decided by the Supreme Court—and “settled law”—meaning that an issue has been ruled on and should not be changed; while Coney Barrett calls certain cases involving abortion and same-sex marriage “precedent,” she doesn’t call them “settled law.”
Stephanie Wolkoff’s Revelations Are Exactly What the First Amendment Should Protect
By Heidi Kitrosser, Robins Kaplan Professor of Law, University of Minnesota School of Law
Heidi Kitrosser castigates the Trump administration for suing a former aide to Melania Trump for publishing a book that included some unflattering private conversations and says that the revelations in the book are the type of speech at the core of the First Amendment’s protections.
The Amy Coney Barrett Hearings Were a Failure
By Jane Chong, Lawyer, Williams & Connolly
Jane Chong says the confirmation hearings for Judge Amy Coney Barrett’s elevation to the Supreme Court did not elicit the type of responses that were necessary to understand how Coney Barrett would affect constitutional interpretation, particularly on issues surrounding democracy and elections.
