ACS National Convention - A Constitution for the 21st Century

A Constitution for the 21st Century

June 11, 2020


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A Constitution for the 21st Century

02:00 PM  03:30 PM

While we were quarantining, Senate Majority Leader Mitch McConnell was busy trying to complete the conservative capture of the federal bench and the debate about the proper method for interpreting the Constitution continued to rage among constitutional scholars. Sensing ascendancy in the judiciary for the next generation, some conservative scholars who had previously adhered to Originalism as their alleged mode of interpretation now confess it has outlived its utility, and conservative judges once again are taking aim at the constitutional right to abortion and the Affordable Care Act. Meanwhile, some progressive lawyers have adopted Originalism and textualism as strategies of their own. Some argue our constitutional system is unable to withstand the current level of hyper-partisanship. What’s a progressive constitutionalist to make of all this, and what should be our response?

Moderated by Praveen Fernandes, Vice President for Public Engagement
Constitutional Accountability Center

Joseph Fishkin
Marrs McLean Professor in Law
The University of Texas at Austin School of Law

Pamela Karlan
Kenneth and Harle Montgomery Professor of Public Interest Law, Co-Director, Supreme Court Litigation Clinic
Stanford Law School

Melissa Murray
Frederick I. and Grace Stokes Professor of Law, Faculty Director, Birnbaum Women’s Leadership Network
NYU School of Law

David Strauss
Gerald Ratner Distinguished Service Professor of Law, Faculty Director of the Jenner & Block Supreme Court and Appellate Clinic
University of Chicago Law School