Sessions Information

  • January 6, 2024
    10:00 am - 11:40 am
    Session Type: Section Programs
    Session Capacity: N/A
    Hotel: Marriott Marquis Washington, DC
    Room: George Washington Univ. Room
    Floor: Level M1

    The Roberts Court has embarked on a constitutional revolution using history to legitimate its authority. Sometimes the Court's conservative majority employs originalism, sometimes it invokes tradition, and sometimes it ignores originalism and tradition altogether. Critics charge that many of the Court's decisions are undermining democracy and civil rights, while supporters argue that the Court is restoring the Framers' Constitution. This program will discuss how lawyers, scholars, and judges use and misuse history. Our starting points will be Jack Balkin’s Memory and Authority: The Uses of History in Constitutional Interpretation (2024) and Jonathan Gienapp’s Against Constitutional Originalism: A Historical Critique (2024).

Session Speakers
Organization: Yale Law School

Organization: Georgetown University Law Center

Organization: Boston University School of Law

Organization: New York University School of Law

Organization: University of Virginia School of Law

Session Fees
  • Law and Interpretation, Co-Sponsored by Constitutional Law and Jurisprudence - The Uses and Misuses of History: The Roberts Court and Its Constitutional Revolution Panel 2: $0.00