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LAW 108 — The Constitution and the New Supreme Court

Quarter: Winter
Instructor(s): William H. Simon
Duration: 8 weeks
Location: On-campus
Date(s): Jan 21—Mar 11
Class Recording Available: No
Class Meeting Day: Tuesdays
Grade Restriction: No letter grade
Class Meeting Time: 7:00—8:50 pm (PT)
Tuition: $395
   
Refund Deadline: Jan 23
 
Unit(s): 1
   
Status: Open
 
Quarter: Winter
Day: Tuesdays
Duration: 8 weeks
Time: 7:00—8:50 pm (PT)
Date(s): Jan 21—Mar 11
Unit(s): 1
Location: On-campus
 
Tuition: $395
 
Refund Deadline: Jan 23
 
Instructor(s): William H. Simon
 
Grade Restriction: No letter grade
 
Recording Available: No
 
Status: Open
 
Constitutional doctrine is undergoing its most significant revision in decades, driven by a Supreme Court majority intent on transforming American law. This course examines recent decisions to uncover the emerging themes of this new constitutional framework. We will explore shifts in rights protection—moving away from sexual autonomy toward guns and religious exercise, the consolidation of presidential power, the weakening of administrative agencies, and the resurgence of federalism as a check on national authority. We will also assess procedural innovations like the increased use of the “shadow docket,” which allows the court to make impactful decisions with minimal explanation. Through case studies, discussions, and analysis of court opinions, students will engage with the theory of originalism, which seeks to anchor these changes in the Constitution’s original meaning. By the end of the course, students will have a deeper understanding of how these developments shape the legal landscape and the implications for future constitutional interpretation.

Stanford Continuing Studies has lowered the tuition for this course as part of our mission to increase access to education related to current state of democracy.

WILLIAM H. SIMON
William W. and Gertrude H. Saunders Professor of Law, Emeritus, Stanford; Arthur Levitt Professor of Law, Emeritus, Columbia

William H. Simon has taught at Stanford since 1981 and at Columbia since 2001, and also at Harvard and UC Berkeley.

Textbooks for this course:

(Required) Michael Waldman, The Supermajority: How the Supreme Court Divided America (ISBN 978-1668006061)