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Volokh Conspiracy

AEI event on Thursday—The Court: Power, policy and self-government


The American Enterprise Institute (AEI) will host a timely and interesting event Thursday about the proper role of the judiciary, featuring one of the best judges in the country: Brett Kavanaugh of the U.S. Court of Appeals for the District of Columbia Circuit. Here is AEI's description of the event:

Judges must navigate between interpreting the Constitution and statutes, working within existing precedents and applying both bodies of law to particular cases. Striking this balance has policy consequences that render the Supreme Court a political branch in the public's mind. As the heated debate over Justice Antonin Scalia's replacement demonstrates, the Court is no longer seen as the "least dangerous branch."

How should justices address this tension in their decisions and opinions? Can the Court return to a narrower vision of its judicial duty? If not, what judicial philosophy best fits the reality of the Court's role in a self-governing republic?

Join AEI for a timely discussion between Judge Brett Kavanaugh and The Wall Street Journal's Paul Gigot, followed by an expert panel on the Court's challenges in carrying out its duty to "say what the law is."

The event will take place Thursday, March 31, 12:30-2:30pm, at AEI, in Washington. Kavanaugh will speak with Gigot from 12:30 to 1:30 p.m. Professors John Eastman, Jeremy Rabkin, Kevin Walsh and I will speak afterwards from 1:30 to 2:30p.m.

Information, registration and live streaming video are available here.