Panel: Originalism and Stare Decisis
from FedSoc Events Hosted by The Federalist Society
On January 3-4, 2020, the Federalist Society hosted its 22nd annual Faculty Conference at the Omni Shoreham Hotel in Washington, DC. The first panel discussed "Originalism and Stare Decisis". 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? ******* As always, the Federalist Society takes no particular legal or public policy positions. All opinions expressed are those of the speakers. Featuring: Randy E. Barnett, Georgetown University Law Center Randy J. Kozel, Notre Dame Law School John O. McGinnis, Northwestern University Pritzker School of Law Moderator: Eugene B. Meyer, President, The Federalist Society Introduction: Lee Liberman Otis, Senior Vice President & Director, Faculty Division, The Federalist Society
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