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 Messy Post-Roe Legal Future Awaiting America
By Greer Donley, assistant professor at the University of Pittsburgh Law School; David S. Cohen, professor of law at Drexel University’s Kline School of Law; and Rachel Rebouché, interim dean and professor of law at Temple University’s Beasley School of Law
Three legal scholars argue that — contrary to the dissents of Justice Antonin Scalia in Planned Parenthood v. Casey (1992) and Justice Clarence Thomas in June Medical v. Russo (2020), both of which argued that the Supreme Court’s abortion standards under Roe v. Wade (1973) and its progeny are unworkable — overturning Roe would create precisely the kinds of legal complexities and uncertainties that Justices Scalia and Thomas feared.
Biden Has More Power Over the Filibuster Than He’s Been Willing to Use
By David Litt, former speechwriter for President Barack Obama
In 1917, shortly after being sworn in for a second term, President Woodrow Wilson successfully waged a public campaign against the Senate filibuster rules, which were being used by senators to obstruct his request to arm U.S. merchant ships on the eve of U.S. entry into World War I. David Litt argues that President Biden should follow Wilson’s example and publicly call for changes to the current filibuster rules so that he can achieve key parts of his agenda.
The Framers Would Have Wanted Us to Change the Constitution
By Wilfred Codrington III, assistant professor at Brooklyn Law School and fellow at the Brennan Center for Justice at New York University School of Law
Previous generations of Americans, when faced with erroneous Supreme Court decisions, passed the 11th, 13th, 14th, 16th, 24th, and 26th Amendments to enshrine enduring principles and vindicate the popular will. In this spirit, Professor Codrington argues, the American people should now pass a constitutional amendment affirmatively guaranteeing the right to vote in order to overturn the Court’s decisions in Shelby County v. Holder (2013) and Brnovich v. Democratic National Committee (2021).
