The Future of the Supreme Court

supreme-court-building-120628Lots of chatter out there about the future of the Supreme Court in the wake of Trump winning the presidency. Here are some of my thoughts.

First, regarding the current Court: Assuming Clinton would win the presidency, I was predicting Garland would be confirmed to fill Scalia’s vacancy and Ginsburg would retire in 2017 (maybe 2018)—with Breyer possibly retiring shortly thereafter, before Clinton’s first term was over. The Court would shift to the left with the addition of Garland, but no other shift would occur unless Clinton could win a second term. If that happened, Clinton likely would have replaced Kennedy—and maybe even Thomas—and this would have produced a second significant shift leftward. But now all of this is vapor.

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Presidential Predictions – UPDATED

Predictions are fun. I’ve made a few already, about the Supreme Court (here and here). So, with Election Day coming up tomorrow, I figured I’d go ahead and offer my predictions about the presidential race. Here’s my more conservative prediction:


And here’s my more bold prediction:


I’ll update this post with the actual results to see how I did!

UPDATE: Welp. Like everyone else, I was way off. Here are the actual results, as of 2am on November 9th:



Podcast – Appellate Dream Team

If you’re a member of the ABA and have access to its website content, you can download and listen to a podcast I recorded recently, about putting together an “Appellate Dream Team.” The podcast is based on the blog post I wrote back in June. Enjoy!