The recent actions of the Supreme Court are causing significant disruptions for law professors. Following the overturning of the longstanding Chevron deference, the justices delivered another major shock with their ruling on presidential immunity, just two years after dismantling Roe v. Wade.
How Recent Supreme Court Decisions Are Impacting Law Schools Nationwide
Law school faculties are now grappling with how to adapt their courses to reflect the evolving legal landscape shaped by a predominantly conservative court.
“Administrative law experiences periods of gradual change and others of rapid transformation. We are currently in a phase of swift change,” said David Super, a Georgetown Law professor. “A syllabus from a few years ago would look markedly different from one planned for next year, not only in cases but in the topics discussed.”
The Supreme Court’s ruling that presidents have broad immunity from prosecution in official acts has given a significant victory to former President Trump in his January 6th case. This decision marks a departure from previous stances on presidential immunity.
“It contradicts many prior cases. Historically, the court has asserted that presidents are not above the law, but this ruling suggests otherwise,” stated Claire Finkelstein, a law and philosophy professor at the University of Pennsylvania. “Teaching this will be challenging as it requires rethinking and reframing long-standing teachings.”
This ruling came shortly after the court struck down Chevron, a doctrine that allowed judges to defer to government agencies’ interpretations of ambiguous laws. Now, judges must interpret laws independently, potentially leading to more regulations being overturned.
“We do not question previous cases that relied on the Chevron framework,” wrote Chief Justice John Roberts. “The rulings of those cases remain subject to statutory stare decisis despite our change in interpretive methodology.”
Law professors are using the summer to digest these rulings and determine how to incorporate them into their curricula.
“It takes time to process these opinions, discuss their implications with colleagues, and decide their relevance to introductory or advanced courses,” said Noah Rosenblum, an assistant professor of law at New York University.
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In the coming years, textbooks will be updated, and lower courts will define the application of these new precedents.
“We are in a period of rapid constitutional change, and its direction is uncertain,” noted Sam Erman, a professor at the University of Michigan Law School.
Some professors are accustomed to frequent legal changes, but the recent pace and scale are unprecedented.
“With a conservative supermajority crafting a new vision of constitutional law, we are witnessing significant developments. “This requires reevaluating course topics to cover emerging important issues.”
Law professors acknowledge that adapting to shifting laws is part of the profession, but these changes present challenges for students, especially those preparing for the bar exam.
“Constitutional law as a moving target complicates bar exam preparation. “Students must learn new material while unlearning outdated concepts if substantial changes occur during their studies.”