Sessions Information

  • January 5, 2019
    3:30 pm - 5:15 pm
    Session Type: AALS Open Source Programs
    Session Capacity: N/A
    Hotel: Hilton New Orleans Riverside
    Room: Grand Salon Section 3
    Floor: First Floor

    To what extent are decisions of federal courts binding on the legislative and executive branches of the federal government? Rarely have the other branches flouted court decisions, but most scholars believe that the Framers did not contemplate that the other branches were obliged to submit to judicial interpretations of the law, including the Constitution. That a handful of unelected judges with lifetime tenure could impose their decisions on the entire nation is arguably inconsistent with democratic government. However, if the elected branches of government can ignore judicial decrees, the promise of the Constitution to protect minorities from the politically ascendant faction of the moment may be broken. The possibility that each branch might persist in its own interpretation of the law also raises the prospect of confusion arising from conflicting commands.

Session Speakers
Organization: University of Nevada, Las Vegas, William S. Boyd School of Law

Organization: Case Western Reserve University School of Law

Organization: Louisiana State University, Paul M. Hebert Law Center

Organization: Mercer University School of Law

Organization: Southern Illinois University School of Law

Session Fees
  • [5470] AALS Open Source Program - Judicial Supremacy: $0.00