Courts, the Constitution, and Social Change

One need only look at the Supreme Court’s consideration of marriage equality and affirmative action this term to be reminded of the important role courts can play in social movements, whether it is to advance causes or slow them down. Throughout American constitutional history, the courts have at times been at the vanguard of social change, with such cases as Brown, Lawrence and Roe being among the more notable examples. At other times, the Supreme Court has stood as an obstacle to social progress. This panel will focus on the questions of what should be the role of the courts in debates over major social issues and how rules of constitutional interpretation do and should play into this discussion.

Jack M. Balkin, Knight Professor of Constitutional Law and the First Amendment, Yale Law School

Olatunde Johnson, Professor of Law, Columbia Law School

Associate Justice Goodwin Liu, California Supreme Court

Nicholas Quinn Rosenkranz, Professor of Law, Georgetown University Law Center; Senior Fellow, Cato Institute

Reva Siegel, Nicholas deB. Katzenbach Professor of Law, Yale Law School; Member, ACS Board of Directors

David A. Strauss, Gerald Ratner Distinguished Service Professor of Law, University of Chicago Law School; Member, ACS Board of Directors

Judge Vaughn R. Walker; Former Chief Judge, U.S. District Court for the Northern District of California