Why, or Why Not, Be an Originalist?

Prakash, Saikrishna; Dorf, Michael C.; Pildes, Richard H.; Barrett, Amy Coney

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Why, or Why Not, Be an Originalist?

69 Cath. U. L. Rev. 683-721 (2020)

NYU School of Law, Public Law Research Paper No. 22-18

43 Pages Posted: 6 Apr 2022 Last revised: 7 Jun 2022

See all articles by Saikrishna Prakash

Amy Coney Barrett

Notre Dame Law School

Date Written: November 1, 2020

Abstract

On November 15, 2019, the Federalist Society hosted the second showcase panel of the 2019 National Lawyers Convention at the Mayflower Hotel in Washington, DC. The topic of the panel was “Why, or Why Not, Be an Originalist?” There are a variety of arguments for following originalism today, such as justifications rooted in language, positivism, sovereignty, and consequences. This panel would look at many normative positions for and against originalism.

Keywords: constitutional law, originalism, originalist, positivism, sovereignty, statutory interpretation, legislative history

Suggested Citation: Suggested Citation

Prakash, Saikrishna and Dorf, Michael C. and Pildes, Richard H. and Barrett, Amy Coney, Why, or Why Not, Be an Originalist? (November 1, 2020). 69 Cath. U. L. Rev. 683-721 (2020), NYU School of Law, Public Law Research Paper No. 22-18, Available at SSRN: https://ssrn.com/abstract=4039219