Originalism is now common in contemporary constitutional law cases. In just a few short years, courts have invoked “original public meaning” and “history and tradition” to challenge the separation of powers, reproductive freedom, the ability to regulate firearms, and civil rights law. Given these high stakes, it is more important than ever to understand, counter, and contain originalist arguments. And when it comes to addressing the "historical" claims originalist arguments rely on, lawyers and historians can work together.
Join us virtually on Tuesday, September 29, at 3 p.m. ET as Brennan Center lawyers and leading American historians share practical insights from their work addressing originalist arguments in the courts. They will explore recent trends in judges’ use of history, share practice pointers that can help lawyers and historians partner more effectively, and discuss some non-originalist ways that history can help us make sense of the Constitution.
Continuing Legal Education (CLE) credit will not be available for attending this panel.
Produced in partnership with the American Bar Association’s Standing Committees on Gun Violence and on the Law Library of Congress, with support from the Albert LePage Center for History in the Public Interest at Villanova University
Speakers:
- Laura Edwards, Class of 1921 Bicentennial Professor in the History of American Law and Liberty and Professor of History, Princeton University
- Serena Mayeri, Arlin M. Adams Professor of Constitutional Law and Professor of History, University of Pennsylvania Carey Law School
- Thomas Wolf, Director of Democracy Initiatives, Brennan Center
- Samuel Breidbart, Counsel, Brennan Center
- Moderator: Stephen Wermiel, Emeritus Professor of Practice of Constitutional Law, American University Washington College of Law