Advice, Consent, and the Future of the United States Supreme Court with Professor Peter Malaguti

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Monday, May 16, 2016, 7:30 pm - 9:30 pm

Edgewood Auditorium
575 Osgood Street
North Andover, MA

The recent death of Associate Supreme Court Justice Antonin Scalia has set off a constitutional showdown at our highest levels of government. On March 16, 2016, President Barack Obama appointed Federal Appeals Court Justice Merrick Garland to replace Scalia. In making this appointment, President Obama claimed to have satisfied his duties under the Constitution by appointing a replacement for the open seat and called on the Senate to fulfill its constitutional commitments by holding hearings and taking a vote on the nomination. However, Senate Majority Leader, Mitch McConnell, has steadfastly refused to even start the confirmation process. “The American people should have a voice in the selection of their next Supreme Court Justice. Therefore, this vacancy should not be filled until we have a new president,” said McConnell. The apparent result is that the Supreme Court will end up conducting business for at least 10 months and likely for well over a year, with only eight justices participating. What does this all mean?

Peter M. Malaguti is a professor of law at the Massachusetts School of Law (MSL). He teaches Constitutional Law, Property, First Amendment Law, Local Government Law and Landlord-Tenant Law. He received his B.A., cum laude, from the University of Massachusetts at Amherst. He is a cum laude graduate of Suffolk University Law School, where he was editor of the Law Review. Prior to teaching law school full time, he practiced law in Boston and its northern suburbs, mostly in the areas of commercial and real estate litigation. He has significant litigation experience in the trial courts of the Commonwealth of Massachusetts, as well as in the Federal District Court for the District of Massachusetts. He is the author of the electronic casebooks, “Conveyancing and Modern Land Transactions” and “The Massachusetts law of Landlord and Tenant.”  


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