Terrorism and the Supreme Court

Gerard Magliocca

Gerard N. Magliocca is the Samuel R. Rosen Professor at the Indiana University Robert H. McKinney School of Law. Professor Magliocca is the author of three books and over twenty articles on constitutional law and intellectual property. He received his undergraduate degree from Stanford, his law degree from Yale, and joined the faculty after two years as an attorney at Covington and Burling and one year as a law clerk for Judge Guido Calabresi on the United States Court of Appeals for the Second Circuit. Professor Magliocca has received the Best New Professor Award and the Black Cane (Most Outstanding Professor) from the student body, and in 2008 held the Fulbright-Dow Distinguished Research Chair of the Roosevelt Study Center in Middelburg, The Netherlands. He was elected to the American Law Institute (ALI) in 2013.

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4 Responses

  1. Kent says:

    “Perhaps there should be some thought to establishing a provision (not unlike the Twenty-Fifth Amendment) that would formalize that idea.”

    Are the party affiliations of the current justices “official” (are they registered with their parties) or are they just so obvious that there would be no question in the event that a tragedy occurred? Without official affiliations, a law of that sort would lead to problems concerning whether a nominee is really a Republican or Democrat (what about Independents?).

    Things would get really interesting if a tragedy of that sort occurred.

  2. A.J. Sutter says:

    Just wondering: is there any provision of the Constitution currently that makes reference to political parties? I didn’t find any. Shouldn’t we think long and hard about breaking that precedent in any context? — especially since, as Kent points out, party affiliation isn’t exhaustive.

  3. Jordan J. Paust says:

    “party affiliations”? Don’t tell our students!

  4. Ken Rhodes says:

    “such an event would give the President an unprecedented (at least since George Washington) opportunity to stack the Court.”

    Hmmm … our recent Presidents of both parties would be surprised to learn that they had an opportunity to appoint whoever they wanted.