Monday, March 28th, 2016
Judges must navigate between interpreting the Constitution and statutes, working within existing precedents and applying both bodies of law to particular cases. Striking this balance has policy consequences that render the Supreme Court a political branch in the public’s mind. As the heated debate over Justice Antonin Scalia’s replacement demonstrates, the Court is no longer seen as the “least dangerous branch.”
How should justices address this tension in their decisions and opinions? Can the Court return to a narrower vision of its judicial duty? If not, what judicial philosophy best fits the reality of the Court’s role in a self-governing republic?
Join AEI for a timely discussion between Judge Brett Kavanaugh and The Wall Street Journal’s Paul Gigot, followed by an expert panel on the Court’s challenges in carrying out its duty to “say what the law is.”
Join the conversation on social media with @AEI and #Courts2016
Panel I: Self-governing republics and the role of the Court
Paul Gigot, The Wall Street Journal
Brett Kavanaugh, US Court of Appeals for the DC Circuit
Gary J. Schmitt, AEI
Panel II: How political? The Court and the democratic process
John C. Eastman, Chapman University; Claremont Institute
Jeremy A. Rabkin, George Mason University School of Law
Nicholas Quinn Rosenkranz, Georgetown Law
Kevin C. Walsh, University of Richmond School of Law
Adam J. White, Hoover Institution
For more information and to RSVP, click here.