Yesterday, the Federalist Society held a webcast panel on the Supreme Court term, featuring co-conspirator Orin Kerr, my GMU law faculty colleagues Nelson Lund and Neomi Rao, prominent DC lawyers David Rivkin and Gene Schaerr, and yours truly. Law nerds everywhere will be happy to know that the webcast is now available for your viewing pleasure here. Among other things, I discussed Wilkie v. Robbins and the tension between the "judicial restraint" and textualist/originalist strands in conservative jurisprudence. Near the end of the panel, Orin and I debated the question of whether courts should give statutes enacted by Congress a "presumption of constitutionality." As longtime readers can probably guess, my answer was an emphatic "no," and Orin's a "yes."
Federalist Society Panel on the Supreme Court Term: