Friday, January 3, 2020

Originalism and Stare Decisis, video from Faculty Conference 2020

Sometimes the original meaning of the Constitution conflicts with or points in a different direction from the Supreme Court's precedents. When that happens, what is the role of stare decisis? To what extent is stare decisis consistent with or at odds with originalism? What should an originalist Court do with non-originalist precedent? What exactly does stare decisis commit a court to follow? Do the Supreme Court’s past practices or its duty to follow its precedents differ from inferior courts’ duty to heed Supreme Court decisions?

 Opening Remarks:
 - Hon. Lee Liberman Otis, The Federalist Society
- AALS President-Elect DarbyDickenson, UIC John Marshall Law School Featuring:
- Moderator: Steven G. Calabresi, Northwestern University School of Law

- Randy E. Barnett, Georgetown University Law Center
- Randy J. Kozel, Notre Dame Law School
- John O. McGinnis, Northwestern University Pritzker School of Law
- Bernadette Meyler, Stanford Law School