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Constitutional Law,
U.S. Supreme Court

Jan. 15, 2019

Postponing the Controversial

The most important characteristic of this U.S. Supreme Court term is the issues that are not being heard. At its conference on Friday, the justices considered petitions for review in a stunning number of cases presenting controversial, significant questions.

Erwin Chemerinsky

Dean and Jesse H. Choper Distinguished Professor of Law
UC Berkeley School of Law

Erwin's most recent book is "Worse Than Nothing: The Dangerous Fallacy of Originalism." He is also the author of "Closing the Courthouse," (Yale University Press 2017).

See more...

Postponing the Controversial
Supreme Court nominee Brett Kavanaugh testifies before the Senate Judiciary Committee on Capitol Hill in Washington, Sept. 27, 2018. Perhaps in light of the bruising confirmation fight over the nomination of Justice Kavanaugh, the court has decided to have a lower profile this term. (New York Times News Service)

OT18

The most important characteristic of this U.S. Supreme Court term is the issues that are not being heard.

At its conference on Friday, the justices considered petitions for review in a stunning number of cases presenting controversial, significant questions. The court took eight cases, but none of the ones about topics like DACA, abortion, sexual orientation, discrimination, rel...

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