Constitutional Law – UofL News Mon, 20 Apr 2026 15:43:07 +0000 en-US hourly 1 Brandeis Law professor weighs in on Trump’s SCOTUS nominee /post/uofltoday/brandeis-law-professor-weighs-in-on-trumps-scotus-nominee/ /post/uofltoday/brandeis-law-professor-weighs-in-on-trumps-scotus-nominee/#respond Wed, 08 Feb 2017 19:44:34 +0000 http://uoflnews.com/?p=35164 Brandeis School of Law Professor Justin Walker is one of UofL’s resident experts on the U.S. Supreme Court.聽

And for good reason: He was a student at Harvard Law School when now-Justice Elena Kagan was dean. Indeed, she聽recommended him for the two clerkships he received, the first for Judge Brett Kavanaugh of the U.S. Court of Appeals for the D.C. Circuit (2010-11), and the second for her colleague,聽Justice Anthony Kennedy of the U.S. Supreme Court (2011-12).

In addition to his clerkships, Walker was a Pentagon speechwriter for former Secretary of Defense Donald Rumsfeld. He now teaches legal writing at Brandeis Law.聽

He shared his insights with UofL News on President Donald Trump’s nominee to the Supreme Court,聽Judge Neil Gorsuch.

UofL News: Who is Judge Neil Gorsuch?

Walker: Judge Gorsuch is a federal appellate judge in Colorado who graduated from Columbia, Harvard and Oxford. He is married with two kids, loves the outdoors and is the son of the first female administrator of the Environmental Protection Agency. Among the judges who Gorsuch clerked for after law school was Justice Anthony Kennedy, which means Justice Kennedy will be the first justice ever to serve on the Supreme Court at the same time as a former clerk, if Gorsuch is confirmed.

UofL News: If confirmed, how would Gorsuch change the makeup of the court?

奥补濒办别谤:听President Trump said he would replace Justice Scalia with someone who will vote like Justice Scalia. If that鈥檚 what he鈥檚 done, then the ideological balance of the court will not change. But it鈥檚 not the difference between Gorsuch and Scalia that鈥檚 history-making; it鈥檚 the difference between Gorsuch and Judge Merrick Garland.

UofL News: Judge Garland was, of course, Barack Obama鈥檚 nominee to the Court last year, which Senate Republicans blocked. What do you mean about the difference between him and Gorsuch?

Walker: Although Gorsuch and Garland are alike in many ways 鈥 both elite thinkers, both very well educated, both well respected by other judges of all persuasions 鈥 there is a significant difference. Garland was not conservative. Gorsuch is. On a court as evenly divided as today鈥檚 court, Garland would have would have made the That won鈥檛 happen now.

UofL News: How does his style compare to Justice Scalia鈥檚?

Walker: Judge Gorsuch鈥檚 respect for Justice Scalia was so great that when he heard the news of Scalia鈥檚 death while skiing in Colorado, . That doesn鈥檛 mean they are exactly the same in their style and approach to the law. But like Scalia, he considers himself a textualist, which means he says he feels bound to apply the law as it is written, not necessarily as he thinks it should be written. Of course, some textualists are accused of not always practicing what they preach. For Judge Gorsuch, time will tell. But his record suggests a fidelity to the text.

UofL News: How does he compare to the current justices?

Walker: In many ways, he鈥檚 like them. Like Gorsuch, they were all federal appellate judge before becoming Supreme Court justices. Like him, they all studied at Harvard or Yale. And like him, they all built careers that put them at the top of their field through their hard work and intellectual firepower. If Judge Gorsuch is confirmed, I think his eight colleagues will see someone who shares their high standards, their passion for the law and their respect for collegiality.

UofL News: He has been described as taking an originalist approach to the Constitution. Can you explain what this means?

Walker: Originalists care about what the text of Constitution originally meant to the people who ratified it. But like most things in law, it鈥檚 more complicated than that. Few originalists care only about original meaning; for example, even Justice Scalia sometimes deferred to precedents that were inconsistent with it. And likewise, among the many judges who don鈥檛 label themselves 鈥渙riginalists,鈥 few of them care nothing about original meaning. As Justice Kagan said last year,

UofL News: When the court has all nine justices in place, what are some of the major issues you would expect it to tackle in coming years?

Walker: There are lots to choose from, but I鈥檒l mention three that come to mind.

One is free speech. The recent court has been among the most pro-speech courts ever, especially when it comes to speech that majorities of justices have viewed as political 鈥 and that their dissenting colleagues consider either not political, or not speech. How much farther will this court go to strike down limits on what they view as political speech protected by the First Amendment?

Another area is gun control: Heller said you have the right to a handgun in your home. What about outside your home? What about other kinds of guns? Stay tuned.

A third area I鈥檒l mention isn鈥檛 the most high profile, but it鈥檚 one that could have a big impact on who has power in Washington. When it comes to federal agencies, how much power should those agencies have? Under current precedent, they have a lot of flexibility in interpreting the statutes that empower them. And under current precedent, Congress has a lot of flexibility in granting those agencies somewhat undefined authorities. There are some signs Judge Gorsuch is skeptical of some of those precedents, and if he鈥檚 confirmed, he might have company.

UofL News: How long might Gorsuch serve?

Walker: Judge Gorsuch is 49, the youngest nominee in a quarter century. The oldest justice ever was Oliver Wendell Holmes, at 90. In other words, if Gorsuch is confirmed, I doubt he鈥檒l tell his real estate agent he鈥檚 looking to rent.

See more of Walker’s thoughts on the changes facing the Supreme Court here:

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UofL’s new faculty grievance officer Cedric Powell balances teaching, public service /post/uofltoday/uofls-new-faculty-grievance-officer-cedric-powell-balances-teaching-public-service/ /post/uofltoday/uofls-new-faculty-grievance-officer-cedric-powell-balances-teaching-public-service/#respond Fri, 14 Oct 2016 19:03:29 +0000 http://uoflnews.com/?p=33291 has been a professor at the Brandeis School of Law since 1993, teaching聽Constitutional Law, Criminal Law, Critical Race Theory, Evidence, Law and Literature, Professional Responsibility and Race and the Law.

He is active in several community and UofL organizations and was recently named the university鈥檚 faculty grievance officer, where he will assist faculty in dispute resolution. UofL News had the chance to talk to Powell recently about his career path, his public service work and his loyalty to Cleveland sports.

UofL News: What brought you to the Brandeis School of Law?
Cedric Powell: Before I came here, I was at a large New York firm, Skadden, Arps, Slate, Meagher & Flom. I was there about four years, but I always wanted to teach. Before that, I was the Karpatkin Fellow in the American Civil Liberties Union in their national legal office. Before that, I clerked in DC. I did different things looking toward teaching.

I went to what they called the 鈥渕eat market鈥 years ago, an annual recruitment event they have in DC. I interviewed at some schools and got a call back here, interviewed and got the job and been here ever since.

I always envisioned, at least at some point, being a law professor.

UofL News: What was it about being a law professor that was attractive to you?
Powell: You can do a lot of different things. You鈥檙e not formally practicing but you鈥檙e bringing practice experience. There still is the opportunity to be involved in discrete projects, calling upon what you did in your former career. I鈥檓 still involved in a lot of public interest litigation on some level, usually working on appellate briefs or amicus briefs.

You can be involved in a lot of different things as well as being in the classroom and having the time to think, research and write. People say that scholarship is just talking to ourselves and just the professors read it, and on some level that is true.

But scholarship should also try to push for change in a positive way. That鈥檚 important in the law. That鈥檚 something that judges do. We certainly aren鈥檛 judges, but we certainly have the ability to impact public opinion. And that鈥檚 probably the most appealing part about this job 鈥 being involved in everything.

UofL News: You鈥檙e dean for research at Brandeis Law. What does that role entail?
笔辞飞别濒濒:听It provides support for the faculty. You bring in interesting speakers for symposia. Last year we brought in someone to talk about the bar examination and incorporating those techniques into the classroom. We did a panel discussion on community-engaged scholarship because we鈥檙e actively involved in trying to define that and how we measure both our impact in the community and how faculty members will be evaluated.

I provide support for junior faculty in advancing their scholarship, which may mean just sitting back and helping them pay for a symposium to talk about writing or trying to organize informal workshops where they can get comments on their papers. Some of that, they do by themselves, but I鈥檓 here to help with suggestions on articles and any other discussions that they may want to have.

It鈥檚 sort of like continuing legal education for law professors.

 

UofL News: You were named UofL鈥檚 faculty grievance officer in September. How do you plan to approach that role?
笔辞飞别濒濒:听I will continue in the tradition of my predecessor and colleague, , who recently began her tenure as Faculty Senate chair, to ensure that faculty members are fully informed about the procedures outlined in the (UofL鈥檚 basic governance document) and how to work through the informal and formal grievance processes to resolve disputes in a manner that respects our shared values at the university.

UofL News: You鈥檝e been chairman of the TARC board since 2008. What is that work like?
笔辞飞别濒濒:听We鈥檝e been able to do some things to modernize our transit system. We have electric buses. We have fuel-efficient buses.

We recently dedicated a $50 million improvement on Dixie Highway. Louisvillians derisively refer to it as “Dixie Dieway” because of the high speeds, narrow lanes and high occurrence of serious accidents. We鈥檙e trying to change that with dedicated bus routes. We鈥檙e going to do something called bus rapid transit, which will focus on access, mobility and broader lanes for buses. We鈥檙e going to try to change the traffic pattern. We hope that this will lead to better things in terms of looking at a modern transportation system.

UofL News: What鈥檚 something that people might be surprised to know about you?
笔辞飞别濒濒:听I like Cleveland sports. I鈥檓 from Cleveland. The baseball team is playing well. I keep telling my friends they鈥檙e going to win the World Series. Nobody believes me.

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