Teaching Constitutional Law has become more challenging due to the current Supreme Court’s unpredictable rulings. This uncertainty, fueled by shadow dockets and decisions that undermine established legal principles like stare decisis, makes it difficult to effectively convey which aspects of the Constitution and its case law are important. Even experienced professors like Rebecca Brown and Barry Friedman are feeling the strain, with some admitting to breaking down while trying to make sense of it all.
The speed and aggressiveness of the Court’s actions have left many professors and students questioning the foundation of judicial review and its democratic implications. The shifting landscape of the law has even led to confusion among judges, as demonstrated by the unworkability of the Bruen test and the Court’s willingness to provide advisory opinions in cases like 303 Creative.
Amidst this uncertainty, law students and professors alike are grappling with the implications of a rapidly changing legal landscape. The National Conference Of Bar Examiners had to address the confusion surrounding the July bar exam, highlighting the disconnect between traditional legal teachings and the Court’s evolving interpretations.
As the challenges of teaching Constitutional Law continue to mount, both educators and students are facing an uphill battle in navigating the complexities of the legal system. The future of Con Law education remains uncertain in the face of these unpredictable legal developments.
Is SCOTUS Making It Harder To Teach Constitutional Law? Profs ‘Depleted’ And Taken Aback By ‘Velocity’ Of Change [ABA Journal]
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Chris Williams became a social media manager and assistant editor for Above the Law in June 2021. Prior to joining the staff, he was known as a minor Memelord™ in the Facebook group Law School Memes for Edgy T14s. Graduating from Washington University in St. Louis School of Law, his diverse background includes boatbuilding, philosophy, and a passion for cycling. You can contact him via email at [email protected] or on Twitter at @WritesForRent.