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Eric Segall
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Eric Segall is the Kathy and Lawrence Ashe Professor of Law at Georgia State University College of Law. He graduated from Emory University, Phi Beta Kappa, Summa Cum Laude, and from Vanderbilt Law School where he was the Research Editor for the Law Review and member of Order of the Coif. He clerked for two federal judges and then worked for Gibson, Dunn & Crutcher, and the United States Department of Justice, before joining the GSU faculty in 1991.

He has written over twenty law review articles on constitutional law, and his book "Supreme Myths: Why The Supreme Court is not a Court and its Justices," was published in February. He frequently appears on the radio show Stand Up With Pete Dominick on POTUS XM Radio, talking about the Supreme Court.

Entries by Eric Segall

The SCOTUS Should Stop Overprotecting the Rich and the Powerful: They Don't Need the Help

(1) Comments | Posted August 12, 2014 | 2:11 PM

The biggest winner in the Supreme Court over the last few years has been the United States Chamber of Commerce. According to one source, the Chamber has an amazing 80 percent win rate over the last three terms in cases where it filed briefs. But it would be...

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Judge Posner and Judicial Humility

(0) Comments | Posted October 30, 2013 | 8:09 PM

There has been a huge hoopla over comments made by Judge Richard Posner during a HuffPost Live interview with Mike Sacks, and in various other media outlets, that he likely made the wrong decision upholding Indiana's Voter ID law in Crawford v. Marion County. This decision...

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Equality

(12) Comments | Posted August 6, 2013 | 4:20 PM

Seven years ago my wife Lynne and I were married in Atlanta, Ga. Two of our closest friends, Linda and Kathryn, who had been together for a long time, performed the ceremony and hit every right note. They made the guests feel as if they were part of the evening...

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The Week the Supreme Court Came Out of the Closet

(2) Comments | Posted July 15, 2013 | 6:25 PM

Now that a little time has passed, we can have a bit more perspective on the important cases handed down by the Court during the last week of this year's term. Looking at the cases as a group reveals the true colors of the Supreme Court of the United States.

...
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The Supreme Court and Affirmative Action: Why Now?

(17) Comments | Posted June 20, 2013 | 11:02 AM

Almost 40 years ago, just like today, the American public was anxiously waiting for the Supreme Court to hand down a landmark decision on the use of affirmative action in colleges and graduate schools. Marco Defunis, a 22-year-old native of Seattle, brought suit against the University of Washington Law School...

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What Carmelo Anthony Can Learn From Walt 'Clyde' Frazier and Earl 'The Pearl' Monroe

(16) Comments | Posted April 5, 2013 | 2:13 PM

The last time the New York Knicks won an NBA Championship they had two all-star guards in their back court. If Carmelo Anthony and the 2013 Knicks want to hoist the Larry O'Brien trophy again, they would do well to study the history of these two remarkable Hall of Famers.

...
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Of Same-Sex Marriage, True Love and the Pope

(16) Comments | Posted January 18, 2013 | 12:17 PM

I had arrived at the restaurant a few minutes early waiting for my lunch partner to show up. We had exchanged a few emails but never met in person and had business to discuss. When she walked into the dark restaurant, it was as if the sun had lowered from...

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Supreme Interference: The Justices' Improper and Dangerous Reading of the Second Amendment

(234) Comments | Posted December 15, 2012 | 10:30 AM

From 1788, when the Second Amendment was ratified, until 2001, no federal judge in the United States had ever held that the militia orientated language of the Amendment applied to an individual's right to own guns. During all those years defendants frequently raised the Second Amendment defense when prosecuted for...

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What Bill O'Reilly's 'The Factor' and Professional Wrestling Have in Common

(9) Comments | Posted December 4, 2012 | 4:42 PM

As a liberal leaning law professor, I thought it might be a good idea (for my career, not my blood pressure) to watch Bill O'Reilly over an extended period of time and see what all the fuss is about. I watched for a couple of weeks until Wednesday, November 28,...

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Telling the Truth About the Filibuster: It Is Time to Put It on the Shelf

(19) Comments | Posted December 3, 2012 | 5:16 PM

In recent days, some Senate Democrats have suggested that they are going to reign in the filibuster and try to get the Senate back to work. Virtually everyone agrees that the Senate is broken, and the filibuster is a major cause of the dysfunction. From 1840-1900, there were...

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The Supreme Court: The Best Reason to Vote Against Mitt Romney

(13) Comments | Posted November 1, 2012 | 7:24 PM

Much has been made in this election of the president's power as commander-in-chief, head of the executive branch of government, and leader of the free world. Largely ignored, however, has been one of the most important presidential powers of all: the appointment power. If elected president, each candidate would have...

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Ten Wild and Crazy Facts, a Few Opinions, and One Prediction About the Supreme Court

(3) Comments | Posted September 27, 2012 | 11:23 AM

The Supreme Court's new term begins Monday, October 1. As the Justices ponder affirmative action, voting rights and other important issues, here are some interesting facts (and opinions) about the Court.

1) Whether the president gets to appoint a Justice or not depends on luck, death, illness, and sometimes the...

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The Scalia-Posner War and Why it Matters

(27) Comments | Posted September 17, 2012 | 12:48 PM

Over the last couple of weeks, Justice Antonin Scalia and Judge Richard Posner have been engaged in an unusual public feud over the role that legal rules play in judicial decision making. In The New Republic, Judge Posner wrote an exceptionally harsh review of Scalia's new book Reading...

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Gay Rights, Racial Prejudice, and True Equality

(25) Comments | Posted September 4, 2012 | 2:00 PM

As the Republicans met last week in Tampa and nominated two men to lead their ticket who are opposed to same sex marriage (and the Democrats do the opposite this week), it is a good time to recognize that this kind of overt discrimination against gays should be no more...

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Ten Fun Facts (and Morals) About the Affordable Care Act and the Supreme Court.

(2) Comments | Posted July 2, 2012 | 2:59 PM

1) The Court upheld the individual mandate as a tax even though both the Congress, which passed it, and the president, who signed it, repeatedly said that the mandate unequivocally was not a tax.

Moral: Both our elected officials and our unelected Justices can obviously be counted on...

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Umpires, the Affordable Care Act and the Rule of Law

(12) Comments | Posted June 21, 2012 | 11:44 AM

The Court will soon issue its decision on the Affordable Care Act (ACA). No one knows what the Court is going to do (perhaps even the Court doesn't know yet). But, if law mattered to the Court, there would be no suspense.

There are three constitutional provisions relevant to the...

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Our Daughters' Future

(7) Comments | Posted May 8, 2012 | 11:58 AM

Texas Attorney General Greg Abbott's recent statement likening Planned Parenthood to a terrorist organization could be easily dismissed as a rhetorical rant designed to win a court case if it were not part of a disturbing, on-going assault on the rights of women. Between us, we are the...

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What President Obama Should Have Said About the Supreme Court and the Affordable Care Act

(33) Comments | Posted April 5, 2012 | 8:52 AM

The president has been criticized by some for his alleged attacks on the Supreme Court, and he was ordered to explain his remarks by the Fifth Circuit Court of Appeals. The president's remarks weren't entirely accurate, though the reaction has been vastly overblown. Contrary to what conservatives are saying, President...

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An Open Letter to Billy Joel

(38) Comments | Posted March 26, 2012 | 8:41 AM

I am a 53-year-old happily married father of three beautiful girls. My usual gig is teaching constitutional law, and normally I write in this space about such mundane matters as abortion, affirmative action, and free speech. Today, I have a different subject: What happened to Billy Joel?

Most baby boomers...

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The Hypocrisy of the Abortion Debate: Why Conservatives Should Vote Pro-Choice and Leave Planned Parenthood Alone

(24) Comments | Posted March 13, 2012 | 4:33 PM

Over the last two months, Republican politicians in Congress and across the nation have launched a complete assault on women's health generally and a woman's right to choose to have an abortion specifically. Last Thursday (on International Women's day no less), Congress debated a completely unnecessary (and potentially...

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