January 16, 2020

12:45 pm - 1:45 pm, Eastern Time

Are We All Textualists and Originalists Now?

McDonough Hall, Room 110, Washington, DC

A discussion with progressive constitutional experts on how prominent textualism and originalism have become in the age of Trump and the Roberts Court. The following experts will speak:

Victoria Nourse, Ralph V. Whitworth Professor in Law

John Mikhail, Agnes N. Williams Research Professor, Professor of Law

Farah Peterson, Visiting Professor of Law

Elizabeth Wydra, President, Constitutional Accountability Center

The discussion will focus partly on Elena Kagan's recent statement during a Scalia lecture at Harvard Law School that "we are all textualists now" and analyze whether that is a valid statement on key issues like the Emoluments Clause.