A clear sign of just how much damage the court has done—and is about to do again.
“I have always perceived of the law as a tool for justice,” Dellinger said, “and my faith that the law is being used toward that end has definitely been shaken by this Supreme Court. It is honestly hard to know what to say to students entering this profession at this time as we witness the Supreme Court upending constitutional principles” and “stripping an entire class of people of fundamental rights without so much as a minimal effort to acknowledge the consequent harms.
Expounding legal realism in the classroom requires a delicate balance: Professors have an obligation to teach blackletter law, doctrine, precedent. But that also happens to be everything that the current Supreme Court is upending. A professor must say what the court claims Even law professors who maintained confidence that the Supreme Court would rise above politics are reconsidering their view after this term. “I have generally, up until now, resisted the cynicism of the ‘new legal realists’ that the Supreme Court isn’t a court, it’s just a policy council,” said Steve Sanders, a professor at Maurer School of Law. “I want my students to believe that legal argumentation, precedent, facts, and doctrine matter.
Ziegler is perhaps the nation’s foremost expert on the history of abortion rights in the United States, so she sawcoming well in advance. Yet when the decision was finally handed down, she told me, “I felt horrible. The way Alito wrote the opinion felt like such a complete slap in the face. It felt disrespectful, insulting, indifferent to the views of a lot of people, almost mocking. For me, that made it a lot worse. I imagine there are a fair number of women who experienced it that way.
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