Duke Law reviews the 2015-2016 Supreme Court term
The Supreme Court’s 2015-2016 term included significant rulings on immigration policy, women’s reproductive rights, and race-conscious university admissions, among others. Court-watchers, legal scholars, and members of the public will also remember the term for the death, on Feb. 13, of Associate Justice Antonin Scalia; his passing, marked by many tributes, launched a political battle over the appointment of a successor and affected the outcome of some pending cases.
Duke Law faculty members, alumni, and jurists enrolled in the Master of Judicial Studies LLM program contributed to the discussion of Justice Scalia’s legacy and the appointment process in a variety of ways; they penned tributes and essays relating to his “originalist” theory of constitutional interpretation and other aspects of his jurisprudence and offered analyses of constitutional conventions that can affect judicial nominations. They also shared memories of meeting the justice at Duke Law, where he spoke to audiences of students, lawyers, and judges, taught in the Judicial Studies program and in the Duke-Geneva Institute on Transnational Law, and judged the final round of the Dean’s Cup moot court competition.
Duke Law scholars remained engaged with the cases before the Court throughout the term through scholarship, friend-of-court briefs, and commentary. Among the term’s notable rulings were those that affirmed an injunction against an executive order shielding millions of illegal immigrants from deportation, upheld the race-conscious admissions policies of the University of Texas at Austin, and found state laws drastically restricting access to abortion to be unconstitutional.
A summary of community contributions to and commentary on the recently concluded term follows.
Amicus briefs filed by Duke Law scholars
Ernest Young, Bank Markazi v. Peterson
Walter Dellinger, United States v. Texas
Ernest Young, United States v. Texas
Walter Dellinger, Whole Woman’s Health v. Hellerstedt
Neil Siegel, Whole Woman’s Health v. Hellerstedt
Commentary on the 2015-2016 decisions
American Constitution Society: Charles, Dellinger review 2015-2016 Supreme Court term
Duke Law News: Young, Dellinger reflect on implications of Supreme Court's one-sentence order in U.S. v. Texas
Duke Today: Siegel: Supreme Court victory should still give pause to abortion rights advocates
ACS Blog: Siegel analyzes Supreme Court's "reassuring and concerning" abortion ruling
Modern Healthcare: Rai: Supreme Court ruling upholding USPTO's broad patent review likely to displease brand-name drug makers
Bloomberg BNA: Young comments on Supreme Court verdict in Bank of Iran case
New York Times: Dellinger, Young comment on Supreme Court immigration case
Huffington Post: Michaels: The silence of Justice Thomas is overrated
Bloomberg Politics: Buell comments on Supreme Court's decision to review insider trading case
Commenting on Justice Scalia’s legacy, succession
The New Yorker: Purdy looks at Scalia's "contradictory originalism"
Balkinization: New article by Siegel and Bradley sheds light on constitutional conventions and replacing Justice Scalia
The Trace: Blocher: Scalia’s gun rights legacy is likely to stand, no matter who replaces him
New York Times: Powell article cited in discussion of Scalia's jurisprudence
ABA Journal: Siegel on Senate's Supreme Court stall: "We’re dealing with territory we haven’t ventured into for 150 years"
The Hill: Siegel analyzes GOP's Supreme Court confirmation stance
Media Matters: Levy: Don't read into Supreme Court nominee's gun case votes
The Trace: Blocher looks at Supreme Court nominee's gun rights record
WRAL: Siegel says Supreme Court nominee is most "plausibly confirmable" judge Obama could choose
The Hill: Siegel: American people will decide Supreme Court's future anyway
Here and Now: Carrington discusses Supreme Court term limits
American Constitution Society: Siegel, Blocher join constitutional law professors urging President Obama and U.S. Senate to fill Supreme Court vacancy
Boston Globe: Benjamin co-authors paper on effects of Supreme Court vacancies on appellate decisions
Christian Science Monitor: Carrington discusses the fight over Scalia's successor and Supreme Court term limits
Remembering Justice Scalia
Judicature: Dean Levi recalls Justice Scalia through the lens of three memorable meals
Independent Journal Review: Master of Judicial Studies candidate Willett JD/MA '92 describes Scalia's influence on his jurisprudence
Jacksonville Daily Record: Master of Judicial Studies candidate Judge Virginia Norton describes meeting Scalia at Duke Law
Lives in the Law, May 22, 2015
Teaching at the Duke-Geneva Summer Institute in Transnational Law, 2011